Section 18 (Gbh With Intent) Advice

[LaurieAlexandrie]

My ex partner is facing a GBH with intent charge against me.
We were in a seven year relationship in which there was repeated violence against myself, the police were called out by neighbours up to 12 times over the course of the relationship but until now I've never pressed charges.
He is facing a section 18 charge relating to 3 incidents, breaking my arm 2 years ago, strangling, beating and kicking my head into a door frame resulting in a scar on my face 6 months ago and most recently breaking my wrist, strangling and beating me in a 6 hour attack one month ago. I have medical records to back up my statement and this is his first arrest for a violent offence.
Yesterday he pleaded not guilty and the case is going to trialwhere I will be the main witness. what are the possible outcomes of this kind of case?
Thank you.

[New Judge]

The most common outcome in cases such as this is an acquittal because the main witness (i.e. you) provides no evidence on the day. This is because they either do not turn up or if they do (usually in response to a witness summons) they "forget" what happened to them.

You will have to avoid this by making sure you attend as required and providing the best evidence you can. You can be afforded "special measures" and give your evidence either via video link or from behind screens.

Be prepared for robust cross-examination and also be prepared to explain, under that examination, why you failed to continue with the earlier cases. It will be a tough slog for you but you must remain strong because, as you have found out to your cost, perpetrators of domestic violence do not "get better". They only get worse.

[Buenchico]

Once a person is convicted of an assault charge the judge has to decide whether there was greater or lesser 'harm' and also whether there was greater or lesser 'culpability'. Based upon how he/she assesses those factors it will then be determined as to whether the offence is classed as 'Category 1 (with both factors 'high'), 'Category 2 (with one of the factors 'high' and the other 'low') or 'Category 3 (with both factors 'low').

Based upon what you've written it's likely that 'culpability' would be seen as 'high'. It's possible though that, despite the extent of your injuries, 'harm' might be seen as 'low' within the range of GBH offences which come before the courts. (i.e. the 'high' category might be seen as only applying to cases where, for example, the victim suffers a permanent physical disability).

So it's either a 'Category 2' offence (or, if both 'harm' and 'culpability' are seen as 'high') a 'Category 1' offence.

The 'starting point' sentence a 'Category 2' offence (from which a judge must work up or down, depending upon the circumstances) is one of 6 years' imprisonment. The 'starting point' for a 'Category 1' offence is 12 years imprisonment. The actual time that an offender will be 'banged up' is normally half of the nominal sentence.

See pages 3 to 6 here:
http://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf
(That's the actual document which the judge must refer to. He/she can't go outside of the guidelines given there other than in really exceptional circumstances).

All of the above assumes, of course, that your ex is found guilty. As NJ indicates, you will need to be strong to ensure that he is.