Quizzes & Puzzles13 mins ago
gbh charges
27 Answers
My ex is being done for gbh, his court case has been adjourned till october. He has had two convictions before for similar offences, one time he served 3 years, the other time 6 months after being early as it wasnt him. He has an extremely violent past and has had a lot of episodes with the police for violence. He is pleading not guilty for this offence and is adament he is innocent. The victims statement was made 7 months after the attack, so there are no details of the injurys, but there are 4 witness statements. He is pleading not guilty but if found to be guilty what sentence is he likely to get??? minimim and max?? i know nothing about the law
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Ignore the unhelpful one, I appreciate that you must be very worried.
If it's any help I had a similar history to your ex a long time ago and it went like this, two previous convictions for violence on of which I was sentenced to a year and then I was charged with GBH with intent (which is far more serious than just GBH) and I was bang to rights on it as well, and couldn't plead the mitigation for me committing it as that would have only made things worse for the victim's family which it ended very unhappily for anyway.
In the end I served seven years for that after being a model prisoner etc, so with the fact that it's a lesser charge than i had and that the offence was therefore nowhere near as serious I would imagine he'd be looking at 3 years plus if it's a very serous and unprovoked assault and less if he's got mitigations or provocations. Either way if he's a history of violence he needs to get to the bottom of why he can't control his anger and get some help to prevent it happening again as each time he goes to prison he'll be more and more likely to reoffend upon release, and no-one wants to go down this route either for themselves or for their potential victims sakes.
It's very hard to tell really with the information you've given, can you elaboarte at all please?
If it's any help I had a similar history to your ex a long time ago and it went like this, two previous convictions for violence on of which I was sentenced to a year and then I was charged with GBH with intent (which is far more serious than just GBH) and I was bang to rights on it as well, and couldn't plead the mitigation for me committing it as that would have only made things worse for the victim's family which it ended very unhappily for anyway.
In the end I served seven years for that after being a model prisoner etc, so with the fact that it's a lesser charge than i had and that the offence was therefore nowhere near as serious I would imagine he'd be looking at 3 years plus if it's a very serous and unprovoked assault and less if he's got mitigations or provocations. Either way if he's a history of violence he needs to get to the bottom of why he can't control his anger and get some help to prevent it happening again as each time he goes to prison he'll be more and more likely to reoffend upon release, and no-one wants to go down this route either for themselves or for their potential victims sakes.
It's very hard to tell really with the information you've given, can you elaboarte at all please?
If the charge is simply 'GBH', the maximum sentence is normally 5 years imprisonment (plus an unlimited fine). However, please see the information about 'IPPs' below
If the charge is 'GBH with intent', the maximum sentence is life imprisonment.
For a 'simple' GBH offence, but with a history of convictions for violence, your ex is likely to be imprisoned for 4 to 5 years.
The sentence for a 'GBH with intent' charge is harder to estimate, without detailed information about the nature of the injuries sustained and the way in which they were inflicted. If the injuries only just reached the 'GBH' level, and the attack was neither sustained nor racially aggravated, (but with the past record of violence), a sentence of around 6 years imprisonment might be passed. However, there are circumstances (such as taking a weapon for a pre-meditated attack or inflicting life-threatening injuries) which could push the sentence closer to (or even above) 10 years.
Lastly, when an offender has a history of committing serious offences (and is thus regarded as a danger to the public) a court may pass a sentence 'in the interests of public protection'. This is similar to a life sentence and can be passed under circumstances (eg 'simple' GBH) when a life sentence doesn't normally apply. Like a life sentence, it carries a 'tariff'. For example, if your ex was given an IPP with a 5 year tariff, he'd be kept in prison for a minimum of 5 years. Thereafter he could apply for release but this would only be granted if the authorities were convinced that he was no longer a danger to the public. He could be kept in prison for much longer, or even (theoretically at least) for the rest of his life.
Chris
If the charge is 'GBH with intent', the maximum sentence is life imprisonment.
For a 'simple' GBH offence, but with a history of convictions for violence, your ex is likely to be imprisoned for 4 to 5 years.
The sentence for a 'GBH with intent' charge is harder to estimate, without detailed information about the nature of the injuries sustained and the way in which they were inflicted. If the injuries only just reached the 'GBH' level, and the attack was neither sustained nor racially aggravated, (but with the past record of violence), a sentence of around 6 years imprisonment might be passed. However, there are circumstances (such as taking a weapon for a pre-meditated attack or inflicting life-threatening injuries) which could push the sentence closer to (or even above) 10 years.
Lastly, when an offender has a history of committing serious offences (and is thus regarded as a danger to the public) a court may pass a sentence 'in the interests of public protection'. This is similar to a life sentence and can be passed under circumstances (eg 'simple' GBH) when a life sentence doesn't normally apply. Like a life sentence, it carries a 'tariff'. For example, if your ex was given an IPP with a 5 year tariff, he'd be kept in prison for a minimum of 5 years. Thereafter he could apply for release but this would only be granted if the authorities were convinced that he was no longer a danger to the public. He could be kept in prison for much longer, or even (theoretically at least) for the rest of his life.
Chris
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No I'm just honest about who I am and mistakes I have made unloveable, and don't feel the need to hide behind multiple user names or pretend I'm something that I'm not.
I think everyone has a right to own their mistakes , I own mine and have learned from them, shame you can't do the same.
As for being violent, I am not, I used to be and decided a very long time ago to alter my life, which I have done, nor do I think having two good degrees qualifies me as being a moron, however please correct me if I'm wrong.
I used to mentor ex offenders to help prevent reoffence upon release, now please remind me exactly what it is that you do towards bettering the community???
I think everyone has a right to own their mistakes , I own mine and have learned from them, shame you can't do the same.
As for being violent, I am not, I used to be and decided a very long time ago to alter my life, which I have done, nor do I think having two good degrees qualifies me as being a moron, however please correct me if I'm wrong.
I used to mentor ex offenders to help prevent reoffence upon release, now please remind me exactly what it is that you do towards bettering the community???
well im not sure if hes told me the full truth as he said it was damaged ribbs and damage to their face, but it was gbh with intent, i didnt realise the intent bit meant much till i just looked it up ( im a bit thick ). it read in the paper hes being charged with gbh and has pleaded not guilty to intent. He never mentioned the intent bit to me till i read it in the paper. He said hes pleaded not guilty but does that in the paper mean he did acutually plead guilty to gbh?? an not guilty to intent?? is that possible??
I'm truthfully unsure Missmichmich, but if it's GBH with intent then it's a VERY much more serious offence thaqn simple GBH. I imagine the veryhelpful chris might be able to enlighten you as to whether it's possible to please guilty to GBH but not to intent, i really have no idea of that, although I suspect you can only plead to what you are charged with.
If he 'simply' had a fist fight with someone then it's altogether more likely that he could plead there was no intent, however if he went equipped with a wheelbrace and jumped the guy then he's on a sticky wicket for sure.
If he 'simply' had a fist fight with someone then it's altogether more likely that he could plead there was no intent, however if he went equipped with a wheelbrace and jumped the guy then he's on a sticky wicket for sure.
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Good for you, both very worthy things to do, and apologies if you don't have multiple usernames, it's just that someone has exactly the same penchant for grammatical errors that you do so your writing styles appeared identical, and they also alter my user name to what they consider to be witty variations, still naturally I'll take your word for it.
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Ah well there we have it, you'll notice that I never abuse new users just for the sake of it I hope:)
As for my own grammatical errors, yes there are lots of those along with duplicated sentences and spelling errors, all down to a brain injury I sustained while a child I'm afraid, and most people who have been here awhile are aware of that and bear with me on it, however, I appreciate it is irritating.
I would never beat up the new man in my ex wife's life, however inclined I might be, for many reasons, firstly I'd let myself down imeasureably and secondly I really don't approve of men who try to control or harass women and to do so would be for me to try to impose my will on my ex wife. For sure I loathe her being with him, and i consider him to be arrogant and not a good choice and wish things were different, but they aren't and half the joy in being reasonably free from uncontrollable anger is that I recognise that and oddly respect her right to her life as she wants it within reason as long as my children don't suffer in the process which they aren't.
Although I can't and won't go into details here, the person i did assault I did so at the behest of one of his family members in the hope that nothing worse would happen to him if I did. Sadly for them, and me, that proved not to be the case.
As for my own grammatical errors, yes there are lots of those along with duplicated sentences and spelling errors, all down to a brain injury I sustained while a child I'm afraid, and most people who have been here awhile are aware of that and bear with me on it, however, I appreciate it is irritating.
I would never beat up the new man in my ex wife's life, however inclined I might be, for many reasons, firstly I'd let myself down imeasureably and secondly I really don't approve of men who try to control or harass women and to do so would be for me to try to impose my will on my ex wife. For sure I loathe her being with him, and i consider him to be arrogant and not a good choice and wish things were different, but they aren't and half the joy in being reasonably free from uncontrollable anger is that I recognise that and oddly respect her right to her life as she wants it within reason as long as my children don't suffer in the process which they aren't.
Although I can't and won't go into details here, the person i did assault I did so at the behest of one of his family members in the hope that nothing worse would happen to him if I did. Sadly for them, and me, that proved not to be the case.
Missmichmich
'GBH with intent' is only one rung down the legal ladder from 'attempted murder'. Indeed, given that the maximum penalty (life imprisonment) is the same, the two charges are effectively the same.
Yes, it's possible to plead not guilty to GBH with intent but guilty to GBH. Your ex has admitted inflicting the type of injuries referred to in Section 5, here:
http://www.cps.gov.uk/legal/section5/chapter_c .html#10
However, he's disputing that there's sufficient evidence (such as the deliberate selection of a weapon) to convict him under the criteria referred to in Section 6 of that document.
obNOXious:
Lovablemrkno has used at least three anagrams of my username within the past few days. He's also posted (and been banned) under the name 'Noknowledge' within the past week. To the best of my knowledge, he's only ever provided one totally accurate and truthful post. It's his first contribution to this thread:
http://www.theanswerbank.co.uk/ChatterBank/Que stion615053.html
Chris
'GBH with intent' is only one rung down the legal ladder from 'attempted murder'. Indeed, given that the maximum penalty (life imprisonment) is the same, the two charges are effectively the same.
Yes, it's possible to plead not guilty to GBH with intent but guilty to GBH. Your ex has admitted inflicting the type of injuries referred to in Section 5, here:
http://www.cps.gov.uk/legal/section5/chapter_c .html#10
However, he's disputing that there's sufficient evidence (such as the deliberate selection of a weapon) to convict him under the criteria referred to in Section 6 of that document.
obNOXious:
Lovablemrkno has used at least three anagrams of my username within the past few days. He's also posted (and been banned) under the name 'Noknowledge' within the past week. To the best of my knowledge, he's only ever provided one totally accurate and truthful post. It's his first contribution to this thread:
http://www.theanswerbank.co.uk/ChatterBank/Que stion615053.html
Chris
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Oh dear, oh dear, oh dear, just when I thought there might be small spark of intelligence lurking dimly in the void that is your personality off you go again, and your German grammar is even worse than your English, still you're more amusing like this so please continue...but try something more original than a carry on film like attempt at a German sausage joke eh, although didn't we acertain the other day that you couldn't do better than that? Yeah I think we did.
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