Section 18

[nakitaxx]

I just want to start with ... both ppl involved in this question are idiots and i dont agree with what happened but my friends bf is involved and she wants some piece of mind .....

Two lads both mates had been on the beer all day ... 1 accused the other 1 of dirty looks ... (pathetic) .... the 1st lad offered the other lad outside to "sort the problem out" ... the 2nd lad had his hand in a splint so he couldnt punch him and decided to throw a pint glass at him instead ... the 1st lad has 1 stitch in his ear ... they both have previous records for violence ... the 1st lad is only pressing charges to get compo ... any ideas of a sentence length ?

[paraffin]

One stitch in his ear does not equal S.18 Wounding.
More accurate details, please?

[nakitaxx]

he threw the pint glass in the lads face .... there was no other punches or anything thrown .... but the lad really only has one stitch on his face but he has been told he can get �1000 per stitch as its on his face ..... the other lad is being charged under section 18

[another-view]

And you say these are both mates? I'd hate to meet their enemies if this is how two mates treat each other.

[nakitaxx]

i 100% agree with you .... they aren't mates anymore .... just lads flexing themselves thinking they are tough when they are both just pathetic ..... they have caused alot of trouble aswell .... it has made a big rift in the group

[paraffin]

I'd be very surprised if he gets convicted under S18 for what you've described, although technically be the letter of the law it could be argued that the elements of S.18 are there, i.e. use of a weapon, recklessness, injury to another etc.

However, any Solicitor worth their salt would manage to at least get the charge reduced to nothing worse than ABH.

Has this guy actually been charged with S.18 at a Police Station? Does he have a copy of the charge sheet with that on it?

And �1000 a stitch is I believe a bit optimistic. Besides, compensation is certainly not automatic in these matters. That's a matter for the Criminal Injuries Compensation Board to adjudicate on.

[nakitaxx]

Yeh he's been charged with section 18 ... for some reason the police have confiscated his phone .... apparently the "victim" has claimed to of recieved threatening msg's which isnt true ... and he has no proof of this ... there were 2 witnesses as to what happened but neither are making a statement ... thanks for your advice i'll pass it on

[R1Geezer]

They can both do both of them a favour by both withdrawing charges and sorting it out over a pint, though not too many. WTF is occurring with youth of today? Spats like this never needed authority before, just shake kin hands and be mates again, understand that we all act stupid sometimes. In my callow youth I've witnessed and been involved in countless spats of this nature over stupiud arguments,usually misundersfood ones and no one ever dreamed of calling the old bill or pressing charges, I can't adam and eve it, are they all turning into a bunch of fa66otts or what? Jeez they way we are going well be a kin pushover for even the kin French in the future.

[Buenchico]

The type of injuries which can result in a successful prosecution for GBH are illustrated on the Crown Prosecution Service website:
http://www.cps.gov.uk/legal/l_to_o/offences_ag ainst_the_person/#Unlawful_wounding
(See paragraph 55. If you scroll up to paragraph 46, you can see the type of injuries categorised as ABH, which better seems to fit your description. Scroll down to paragraph 65 to see the type of actions which take a GBH charge into the 'Section 18' category).

Like other contributors, I fail to see how the injuries you've described can fall into Section 18. However, if the defendant is found (or pleads) guilty, the judge is obliged to refer to this document:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf

He (or she) can only go outside of the guidelines in that document under exceptional circumstance (which the judge must explain in open court). It's the table on page 13 which you should refer to, but you need to know that those sentences apply to first time offenders convicted after a trial. Previous convictions for violence will push the sentence higher. An early guilty plea might see the sentence reduced by up to one third. A sentence of around 5 years imprisonment would seem to be likely.

Chris

[gouldc]

The compo side may be about right actually as scarring to a face (I assume these idiots are in their twenties or younger?) is wortha few quid in the insurance business, although higher compensation when a female is involved.

Take into account the usual stress, anxiety, and all the associated bollox that scumbag ambulance chasers claim they suffer, and I'd seriously consider picking a fight with a rough bloke in a ropey pub!