gbh

[ljcoolj]

hi, can anyone help me? my boyfriend has been found guilty of two accounts of GBH/wounding with intent plus it was racially. can anyone guide me on how long hes gonna be looking at? hes got no pervious of anything, hes 18. the attack took place last year he was put on remand for a month then was put onto tag. then after 6 months of tagging and probation the judge took him of 7 oclock tagging onto 8 oclock cerfew for 5months then went back up court for his 10 day trial, the public jury found him guilty. can anyone help me?

thanks

[seatrout]

The court will have to impose a custodial sentence for 2 section 18s. The fact that they were racially aggravated will add to the sentence. Recent guidance from the Court of Appeal confirms the need for caution when sending first offenders to prison. The court should look at whether the sentence could be suspended in such circumstances. However the serious nature of the offence, the fact that he has been convicted of two offences and the racial aggravation all point to custody. How long he gets then depends largely on the injuries caused, whether the victim was vulnerable or someone who requires protection eg health care staff, taxi drivers etc

[Paul22118]

Best guess five years.

[ljcoolj]

thankyou for your help. the attck was quite serious. the victim was in hospital for 19 days with head injures. does the judge take it into account that my boyfriend has no pervious? would it help if i wrote a letter?
my boyfriend isnt racist. i have a mixed race daughter and he was great with her. now what racist would take on a mixed raced baby? would that help?

[Paul22118]

Looking at my answer on the page it seems flippant. It is not. In my experience he will be looking at a custodial sentance of around this length. Sadly you are looking at his case from a personal position that is too close, The court will see the facts. Serious injury, racist overtones and even though there is no previous it is not right that a person should be injured in this way, to this extent by another. He is going down and that is the likely term. I don't think the soft options apply here eg probation, com serve etc.
All you and the rest of us can hope is that it teaches him a hard lesson and we remain safe from him in the future.

[ljcoolj]

i no i might be looking at this from a personal view, but i dont no weather the judge will take it into account about my daughter being mixed race. his barrister said hes looking at about 8 years, but is that the average? is it up 2 the judge? or is his barrister expecting the worst for him?

[Paul22118]

I think your barrister is close to the likely outcome. He may have a few years of a buffer to spare you and maybe your bf some shock, but realistically he will be seen as nasty and violent individual who will go to prison. How long will be up to the judge. Your brief says eight which I think is a ball park figure and therefore close but I would feel five at least.
You suggest that he has been convicted of the offences and therefore accepted the racial aspect. Bringing up the issue of the childs mixed parentage therefore holds no weight.
Even at 18 years of age he is going to have to face the prospect of prison and regardless of what old lags or stroppy cons say - it is not pleasant.
I reckon your brief is close.

[busta233]

Do whatever you feel you need to do. Write a letter to the judge and state whatever you feel may help him. MY son was found guilty and had lots of character references - good ones. I wrote a letter as a mother and the judge took it into consideration and read it out in court. I feel it went some way to the sentence he received.

Do what you feel and at least you know you have done your best.

[ljcoolj]

thanks alot busta. how long did ur son get and was it for the same thing? im really worried. i no he will deffo recive a prison sentence. hopefully the judge will see hes a good person really and he was easyley led and hopefully the judge wont class him as a danger to the public

[busta233]

I really don't want to say on this one. My son was charged with section 20 (GBH without intent) and it was reduced to section 47 (ABH). He has a previous conviction for sct18 - for the previous conviction he received a prison sentence of 3 1/2 years, serving half of that (he was in a fight and the other man died - the other man was a heroin addict and had bleeds to the brain because of his addiction - my son hit him once and one of the bleeds burst causing him to die). So it was not totally my sons fault, but he did contribute to this persons death.

The sct 47 - ABH, he is now serving 15 months of a 30 month sentence. It was more is previous offence that sent him to prison. He was looking at an IPP, which is a curel sentence and i feel that your partner MAY be looking at one of these. He could get a max of 8 years, but i have recently read that all sentences below 10 years, only half the sentence is served (it used to be 4 years). To be honest your barrister knows best and yes he does tend to give you the worst scenario. Anything could happen woith this one.


You need to get as many character references for your partner together as possible - give the originals to his solicitor and send copies to probation and the judge (it does help a little).

I really hope this goes as well as it can for you and i do know how you feel - it is awful, but if your partner as done this then he does deserve to serve a custodial sentence - i love my son, but he knows that i agree with his custodial sentence as much as it hurts me.

PLEASE let me know how you go on.

[busta233]

By the way - the judge takes the probation reports into serious consideration and also previous convictions and character references before deeming whether your boyfriend is a danger to the public. The probation actually state on their report whether they are high, medium, low risk of re-offending. Your barrister will have this document in court before you go in so ask him what the probation report says - I did - my son was medium risk and had good character references (6 of).

[Megaricht]

ASnd thiws bloke is still your boyfriend? He's a loser - get rid

[ljcoolj]

im sorry but who the hell do u think u r? u dnt no me or my boyfriend!!! u dnt no the circumstances do u? i was askin for peoples opions on what my boyfriend may get...i didnt ask for people the opion of my relationship did i? whatever he gets im gunna stand by him all the way, and thts not for people 2 judge is it? im not asking any1 else 2 wait for him. so please can u respect my question

thank you

[Ice.Maiden]

ljcoolj - don't get het up because of what Megaricht just said. I hope your partner's learnt his lesson, and that for all your sakes, he gets off leniently this time. However, my son was kicked in the head and ended up in hospital. He's 9 years old! How do you think we feel about the person who did this - that he's a "good person" really? That he was egged on by his friends? Not a bit of it. If the person'd been older, I would've wanted a custodial sentence passing. It's certainly up to you whether you wait for your man or not (should he go to prison), but for the sake of you and your child, history could repeat itself. Best of luck, anyway. i hope there's a sensible outcome.

[ljcoolj]

^^^^^^ im so sorry for what happened with ur son!! im not sayin that it was right for what my boyfriend did, it must not be nice for the victim and the victims family, my boyfriend was up court on friday and the judge adjourned it because on off the other defendent needed a medical report n now its been adjourned untill feb :( i just wanted it 2 b over n done with. now we have 2 wait 2 months, the judge said to all three defendents they will be looking at a very long time in prison. does anyone think my boyfriend will get a ipp? its his 1st offence and hes a very good character. expcept this one offence which is very serious any ideas?

[busta233]

has your boyfriend been held in custody until the next hearing or has he been allowed bail. Also, if he has been taken into custody, were has he been held - certian prisons are high secuirty.

[ljcoolj]

hi busta....well he got remaned the other month wen he got found guilty and on fri he was sent back to prison he's in a young offenders cuz hes onli 18..the thing is busta he has pleaded NOT guilty 2 the charges will tht make a difference with his sentencing? also do u think he will get an ipp? like i siad b4 its his 1st offence. the other 2 deffenants have lots of convictions, one of the lads is on his 3rd strick 4 GBH...thanks busta please get bk 2 me asap x

[busta233]

If you plead not guilty to the charge it automatically goes to crown court. If he is found guilty by a jury the judge will give him a higher sentence than he would have done if he had pleaded guilty. The reason for this being that the judge feels that if you plead not guilty of a crime then you feel no remorse for what you have done and therefore feels that you need teaching more of a lesson. My son went guilty to a sct18 and received 42 months (his guilty plea was taken into consideration at sentencing) - he hit a man twice in the face (with his fist - no weapon). This man was a heroin addict and because of this an artery burst in his neck and he bled to death - he had had previous bleeds due to him injecting into his neck. My son was remorseful and went guilty because he new that he had caused this mans premature death. The judge took into consideration that this man had previous bleeds to the head and doctors reports stating that he was fragile - and also that my son did not mean to kill him (he would not have died with two punches if he had been fit). There are lots of events that the judge takes into consideration upon sentencing and the plea is one of them.

[busta233]

An IPP is possible, but i don't think your partner will get one - the other two should though.

Please make a posting when he is sentenced and let me know how he as gone one. What area are you fomr - if its Manchester then he could be remanded at the same place as my son (he is 23 years old).

I do hope all goes well for you.

[ljcoolj]

hi busta, thankyou for ur time 4 posting bk!!!...im from leicester, he's in glen parva prison, but he's up for sentencing in birmingham :( do you think bcuz hes up for sentencing in birmingham will he move 2 a prison there? im so sorry for asking all these questions. if u have msn add me its [email protected] (by the way i dnt want other ppl adding except busta lol)

[busta233]

i use this at work - i have got msn but haven't used it for ages. when my daughter goes on later i will contact you then. It does not matter were he is sentenced. Wherever there is space he will go. As you know my we live in manchester - on my sons sct 18 conviction he was remanded in custody at Lancaster Farms Y.O.I. - he was there for 3 months and then trans to Forest Bank (m/c) until he was sentenced. When he was sentenced (in M/c) he was sent to Deerbolt Y.O.I. (County Durham) and stayed there for 15 months till his release date.

The do not care where family live (i know they say they do), they just send them where there is a place available. Because of overcrowding that could be anywhere. I will look on a website and find out where he could be sent.

When he does get to prison then he as 1 phone call to let you know where he is. Also when he is being sentenced - give him some money - about �20. he will be able to take this into the prison with him and put it into his prison account so he as money for tobacco and a phone card.

I will sort my MSN out tonight and send you a link tomorrow through this webite.

Take care and try your best not to worry - once he as been sentenced you will both know where you are up to. I will always try to help with sensible advice.