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Gbh Without Intent Advice Please
Hello,
Just looking for some advice please.
No stupid comments I know it’s wrong.
Me and my husband was walking home from a party I was drunk, I walked behind a pizza delivery drivers car and he started shouting abuse at me. My husband asked what he said. Pizza delivery driver wound down his window. Made some comments to which my husband punched the guy in the face. He only punched him once and the pizza guy ended up with a broken nose and stitches to his eye brow.
My husband has been charged with GBH section 20 without intent. And is due to appear at magistrates court end of the month. My husband has not been in trouble with the law for over 10 years and has admitted what he has done.
Just looking for some advice please.
No stupid comments I know it’s wrong.
Me and my husband was walking home from a party I was drunk, I walked behind a pizza delivery drivers car and he started shouting abuse at me. My husband asked what he said. Pizza delivery driver wound down his window. Made some comments to which my husband punched the guy in the face. He only punched him once and the pizza guy ended up with a broken nose and stitches to his eye brow.
My husband has been charged with GBH section 20 without intent. And is due to appear at magistrates court end of the month. My husband has not been in trouble with the law for over 10 years and has admitted what he has done.
Answers
//He did not go out to intend to hurt anyone..// And the police have obviously accepted that and charged him with S20 (GBH without intent) and not the more serious S18 (with intent). Nonetheless S20 is a serious charge. What is puzzling is that this assault (from your description) does not seem to warrant a charge of GBH. Looking at the CPS charging guidelines I...
08:34 Tue 04th Aug 2020
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@bednobs previous was drugs, Abh, robbery a lot of stuff. He was a *** when he was younger. Has changed his life around has a great job we have a child etc. It was a spare of the moment thing.
@ummmm yes just one punch. Where the guy was sitting in the car so the impact was his head had nowhere to go
@ummmm yes just one punch. Where the guy was sitting in the car so the impact was his head had nowhere to go
-- answer removed --
//He did not go out to intend to hurt anyone..//
And the police have obviously accepted that and charged him with S20 (GBH without intent) and not the more serious S18 (with intent).
Nonetheless S20 is a serious charge. What is puzzling is that this assault (from your description) does not seem to warrant a charge of GBH. Looking at the CPS charging guidelines I would say that ABH was more appropriate. However, assuming the charge remains as it is, Magistrates do have the option, depending on their view of the seriousness of the offence, to send your husband to the Crown Court (for either trial or sentencing, depending on his plea). However, it seems (again from your description) that the offence is at the lower end of seriousness and they are likely to retain jurisdiction. The “Starting Point” is a High Level Community Order and there does not seem to be any factors to move it significantly away from that. The Magistrates will require a report from the probation service to assist with sentencing. The Community Order could include supervision by the probation service, unpaid work or a curfew.
Your husband should note that at his first appearance only he will be entitled to see the duty solicitor at court. He might like to take advantage of that right (unless he intends to instruct his own solicitor). The duty solicitor may be willing to have a chat with the prosecutor to see if a lesser charge (ABH) might be put. However, in view of the injuries sustained I cannot see agreement to bringing the charge down to Common Assault.
And the police have obviously accepted that and charged him with S20 (GBH without intent) and not the more serious S18 (with intent).
Nonetheless S20 is a serious charge. What is puzzling is that this assault (from your description) does not seem to warrant a charge of GBH. Looking at the CPS charging guidelines I would say that ABH was more appropriate. However, assuming the charge remains as it is, Magistrates do have the option, depending on their view of the seriousness of the offence, to send your husband to the Crown Court (for either trial or sentencing, depending on his plea). However, it seems (again from your description) that the offence is at the lower end of seriousness and they are likely to retain jurisdiction. The “Starting Point” is a High Level Community Order and there does not seem to be any factors to move it significantly away from that. The Magistrates will require a report from the probation service to assist with sentencing. The Community Order could include supervision by the probation service, unpaid work or a curfew.
Your husband should note that at his first appearance only he will be entitled to see the duty solicitor at court. He might like to take advantage of that right (unless he intends to instruct his own solicitor). The duty solicitor may be willing to have a chat with the prosecutor to see if a lesser charge (ABH) might be put. However, in view of the injuries sustained I cannot see agreement to bringing the charge down to Common Assault.
//The solicitors advice is to push for crown court? Which I feel is the wrong advice x//
Sorry, that was not there when I was composing my reply.
My advice to that is to change solicitors. Assuming he is pleading guilty the choice of venue is not his so he cannot "push" for anything. He would only be able to opt to have the matter heard at the Crown Court if he pleads Not Guilty. Then he has a right to trial by judge and jury but from your description that would be most unwise. If he pleads guilty the choice of whether the Magistrates sentence him or they send him to the Crown Court is entirely theirs.
Bear in mind that solicitors get paid by the hour.
Sorry, that was not there when I was composing my reply.
My advice to that is to change solicitors. Assuming he is pleading guilty the choice of venue is not his so he cannot "push" for anything. He would only be able to opt to have the matter heard at the Crown Court if he pleads Not Guilty. Then he has a right to trial by judge and jury but from your description that would be most unwise. If he pleads guilty the choice of whether the Magistrates sentence him or they send him to the Crown Court is entirely theirs.
Bear in mind that solicitors get paid by the hour.
Hello Judge......
He was arrested initially for sec 18 with intent. then we received notice last week he was charged with sec 20 without intent.
The mans window was down thats how my husband and i heard the abuse.
My husband then went over to his window and the pizza guy said shes a *** ing silly bleep etc. so my husband Punched him in the face once and i think where the guys head had no where to go it caused the sever damage. (broken nose and split eye brow) My husband has already admitted doing and will plead guilty!
He was arrested initially for sec 18 with intent. then we received notice last week he was charged with sec 20 without intent.
The mans window was down thats how my husband and i heard the abuse.
My husband then went over to his window and the pizza guy said shes a *** ing silly bleep etc. so my husband Punched him in the face once and i think where the guys head had no where to go it caused the sever damage. (broken nose and split eye brow) My husband has already admitted doing and will plead guilty!
Then my view is that the Magistrates will retain jurisdiction (so he will be sentenced in their court) and that a Community Order will be the outcome (provided the facts are as you describe them). My advice is to kick the solicitor who told him to "push" for Crown Court into touch as he doesn't know what he's talking about and is trying it on. No solicitor, knowing his client will plead guilty, should offer such advice. Speak to the duty brief on the day of his appearance to see if he thinks negotiating a lesser charge is worthwhile. Save your money for any costs and compensation that will be ordered.
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