What can I get for GBH with Intent?

[Siany82]

I recently had a dispute with my partner where we were both drunk. I had had 2 bottles of wine and my partner had had 6 lagers... I went to bed after realising I had had too much to drink, I woke up to him dragging me out of the bed by my arm and hair. Then I remember being downstairs by the front door trying to chuck him out of the house. We wrestled for a while where he managed to get me in a head lock and I bit his arm, til it nearly bled, then he got me to the floor. Next I remember him hitting me in the head with his fist and I hit out at him, trying to get him off me, when I looked up I saw blood on his face, quite a lot of blood, then he was slamming my head on the floor. Some how I managed to get to my feet and saw a knife (bread) on the floor, with blood on. I ran out of the front door, which was, and had been open throughout the evening, and saw my neighbour calling me in to her home, where she called the poilce, as I was covered in blood (which I later realised was not my own). I was arrested and kept in over night and charged with GBH with Intent (which the police are charging me with, not my partner, he also can not remember what happened, apparently). I am due to return to the police station on the 22nd Dec to find out what will happen to me. I have only ever been in trouble with the police once before, which was a caution for Common Assault where I grabbed a girls arm. Any ideas of what I could be looking at, I am a single mum of one 4 year old and I am not working. Please give me any advice you can, I am so so worried for myself and my daughter... Thanx...

[quizgirl_65]

Under section.20 of the Offences against the Person Act (OAPA), GBH (with a weapon), the maximum sentence is 5 years I believe. Sorry if that's not what you wanted to hear. It depends on the exact circumstances of the case.

[quizgirl_65]

Apologies, just checked the update and it is as follows:-
20. Inflicting bodily injury, with or without weapon .Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, [F1shall be guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding 7 years.]

[carrot99]

http://www.theanswerb...w/Question835782.html

[suzie1]

why was he hitting you in the first place the drunken Snag, whats he saying about this, im sure he can put a good word in for you to the law and say you were both drunk or is there more to this than meets the eye

[carrot99]

the question was put twice - see my red link there's a full debate going on over there if you want to join in.

[sara3]

and you have a 4 year old daughter??

oh dear....

[ummmm]

I read this Q out to my cousin who has experience of such things. He reckons it will be dropped to a lesser charge or thrown out.

[fredpuli47]

Yes, ummm, the cousin may be right.Can't bank on them dropping it, but a s20 wounding is a possibility if only because the prosecution will hope to cop a plea of guilty to it and avoid a trial on the s18. That's why Siany needs a lawyer who will find out what the complainant has said in his statement(s) and what the other evidence is. Apart from the complainant being a) apparently drunk b) possibly friendly towards Siany, or not holding any lasting animosity towards her before any trial c) likely not to be clear in his recollection, if indeed he has any material recollection d) on Siany's account the original assailant on her, we have a suspect who herself says she can't remember how the man got cut. The lawyer might well think that any charge of assault is worth putting the prosecution to proof on, on that basis alone, because he may feel its his duty to do that, seeing as she can't remember the key part of events. He's got no instructions from her on that, of course, so he's in the dark. If , put to proof, the prosecution evidence given at the trial before the jury is absolutely overwhelming, then counsel can reconsider and advise appropriately whether a change of plea, and to what count, should be then made. At present, on what we are told, the prosecution case doesn't sound great, but we aren't in a position to say definitively. Only her solicitor and counsel can do that ,and she must be aided by a solicitor as soon as possible.
In the meantime, Siany, don't worry but get a solicitor!

[sumo19]

Hi

So you cut/stabbed him with a knife?

This does sound like self defence though to be honest. The alcohol may or may not be taken into consideration, this is complicated to determine.

I don't know how they would find the evidence for GBH with intent, he started on you first and it seems only that you were defending youself. Did you pick up a knife or something out of the kitchen, because this would signify the intent? The intent could be concrete if you had the opportunity to pick up the knife when he was not assaulting you and he wasn't doing anything.

But anyway, section 18 GHB with intent is punishable by at least 5 years in prison, and up to any sentence the judge deems fit to prescribe.

[D_Laws]

Make sure you have a good solicitor - GBH with Intent is a seious crime. The police can charge you without your husband making a complaint. You can see what sentences people have been given for GBH and find a specialist criminal solicitor with the right experience on: http://www.thelawpages.com/court-cases/

[D_Laws]

P.S. [quizgirl_65] GBH with intent is a Section 18 offence (Offences Against the Person Act 1861) the maximum sentence is Life imprisonment. http://www.thelawpage...-with-intent-21-1.law - This is obviously not so serious - but still get a good solicitor who specialises in criminal law.

[James2000]

Best advise grow up your a mother to a small child. Stop drinkking and fighting what kind of example are you setting to yor daughter? You ought to be ashamed of yourself is this how you want her to grow up? Thinking it's normal to drink to excess, to become violent and be beaten by the man in her life? You need to be sterilised. As far as your sentence is concerned 18 months to 3 years depending on the mitigation. I hope your daughter is taken into care and given a better life that the one she has with you.

[James2000]

Best advise grow up your a mother to a small child. Stop drinkking and fighting what kind of example are you setting to yor daughter? You ought to be ashamed of yourself is this how you want her to grow up? Thinking it's normal to drink to excess, to become violent and be beaten by the man in her life? You need to be sterilised. As far as your sentence is concerned 18 months to 3 years depending on the mitigation. I hope your daughter is taken into care and given a better life that the one she has with you.