section 18 gbh with intent

[mikeetalb27]

In September 2008, two men knocked on my door and threatened me, in front of my four children, it turned out to be two heavies that had been paid by my cousins ex boyfriend. The children were terrified and screaming of what they witnessed. I contacted the police about this, but there was nothing they can do, so i went to this blokes house who sent the heavies, and beat him with a scoffolding type pole (approx 18inches) He had bruising to his arms an legs an a broken wrist. I have pleaded guilty, i should have a good probabation report, and only had previous for affray (10 yrs ago), Does anyone know what will happen to me?

[Buenchico]

GBH with intent is an exceptionally serious charge. It's akin to 'attempted murder' and carries the same maximum penalty of life imprisonment.

The judge is required to refer to the guidelines published by the Sentencing Guidelines Council. He/she must normally pass a sentence within those guidelines. (He/she can only go outside of the guidelines under exceptional circumstances, which the judge must explain in open court).

The sentences (in the document which the judge will refer to) are based upon a first-time offender, convicted after a trial. Your previous offence will (because it was fairly minor, and so long ago) probably be disregarded for the purposes of sentencing. (i.e. you'll be treated in the same way as a first time offender). The element of provocation will push the sentence to the lower end of the range. An early guilty plea will see a third knocked of the sentence.

The sentencing guidelines document states that the sentencing range for "pre-meditated wounding or GBH involving the use of a weapon acquired prior to the offence and carried to the scene with specific intent to injure the victim (but not resulting in a life threatening injury or particularly grave injury" is 7 to 10 years custody.

[Buenchico]

So (before taking into account an early guilty plea) the judge should be looking at a minimum sentence of 7 years imprisonment. He might find that there are exceptional circumstance which can take that down to 6 years. Then he can knock a third off for an early guilty plea. That means that you might be facing a sentence of around 4 years imprisonment.

Your best chance of getting a lower sentence than that is to get the charge dropped to ABH. See paragraphs 46 and 55 of this (Crown Prosecution Service) document to see the difference between 'ABH' and 'GBH':
http://www.cps.gov.uk/legal/l_to_o/offences_ag ainst_the_person/#P189_14382

The sentencing range for the category of ABH defined as "pre-meditated assault involving the use of a weapon" is 2 to 4 years imprisonment. The element of provocation could see the judge start at the lower end of that range, and then knock a third off for an early guilty plea. That makes 16 months imprisonment

Chris