Gbh With Intent

[ChloeChloe]

Hi everyone!
My brother had been charged for Gbh with intent after a fight that his flat mate started. His mate got hurt and went to hospital for months. He's recovering now, few repercursions left, some sensibility on left hand, but he can walk, talk. My brother had no visible injuries as he had karate lessons years ago so he knew how to defend himself, obviously he did it too well :(. He left the flat after the fight unaware of the seriousness of the injuries he has caused which made it worse by the time he was found. He pleaded not guilty for the intent but he was found guilty on a vote 10/12. He's on remand waiting for his sentence. He has no previous convictions. What is the sentence he's looking at? Thank you!

[black_cat51]

probably six years

[EDDIE51]

GBH with intent S18 is a very serious offence , It is always a prison term .
He is looking at 2 or 3 years possibly more. Using Karate is classed as use of a weapon so the sentence is the same as if he had used a bat or club for example.

[EDDIE51]

Sorry just re-read your Question , not 100% sure what you mean here. Was the flat mate in hospital for months due to the injuries your brother inflicted? or was there more than the two of them involved but the flat mate got worse injuries?
if your brother put someone in hospital for months that makes it a very serious case he is looking at more like 10 years not the 2 or 3 I first said.

[ChloeChloe]

It was just the two of them and yes, unfortunately is because of the injuries my brother caused that he end up in hospital. He'd been induced to coma to treat a collapsed lung caused by some broken ribs. He got in such a bad state because my brother left unaware of the situation and the was found 20 hours later. Is the age a factor in sentencing? He was 23 at the time of the incident.

[FredPuli43]

Starting point for the lowest category of gbh with intent is 4 years and the range is in the area of 3 to 6 depending on aggravating and mitigating circumstances. What exactly were the injuries that left the victim hospitalised ? The seriousness of the injuries inflicted affects the sentence.

[ChloeChloe]

The victim had a collapsed lung caused by some broken ribs. he had been induced to coma to treat the lung.

[anneasquith]

put into an induced coma for a punctured lung..........................sounds a bit drastic . did he have a head injury ?

[ChloeChloe]

Yes, he had bleeding on the head (I'm sorry I don't know the medical term for this). When he'd been hit the last time the victim fell on the floor and hit his head. He had no broken bones to the face, 2-3 ribs as far as I know...

[Buenchico]

Here's the actual document that the judge must refer to:
http://sentencingcouncil.judiciary.gov.uk/docs/Assault_definitive_guideline_-_Crown_Court.pdf

My guess is that the assault will be classed as a 'Category 2' offence which means, as Black_cat51 suggests, a 'starting point' sentence of 6 years imprisonment. (The sentences shown on page 5 are those for fist-time offenders who are found guilty after a trial, so they would seem to apply to your brother).

Someone who is sentenced to 6 years imprisonment can be considered for release from prison after 3 years. If he is not released at that point he'll be released after 4 years.

[ChloeChloe]

Thank you very much!

[Peter Pedant]

Ow ! These are severe injuries - The induced coma would be for head injuries and you do it if the patients shows brian irritation like convulsions....
The punctured lung and broken ribs makes the procedure more difficult but not impossible. The injuries may be life changing - esp the head injuries....
Further improvement is possible during the next 24 m . - then you tend to be stuck with the injuries that remain

Since he is on remand - they are thinking of a sentence - and it seems that four to six y is on the cards. Remember he gets out quickly I think after he has done half the sentence (it used to be a third) if he behaves well. BC has the more modern info

[Peter Pedant]

o god brian - no BRAIN injuries - sorry about that
[ the whole of this is no joke ]

[EDDIE51]

I think this could even be a Cat 1 , due to the extent of the injuries , brain damage leading to months in hospital, and the fact that Karate was used .(counts as a weapon)
Plus the attacker left the scene without checking on the victim thus making the injury worse.

[Peter Pedant]

I have to say the phrase: he was all right when I left him
strikes fear into my heart....as he clearly isnt all right now

[ChloeChloe]

I don't think there's one person in this case that wouldn't turn back time if it was possible and change things...but unfortunately time is irreversible. I'm scared for my brother and what a long time in prison could do to him. He's a caring person, he wouldn't kill a spider if I'd ask him to. I don't know how in the world he end up in this situation :(

[anneasquith]

im sure this whole incident has left its mark on many people :(