ChatterBank0 min ago
Sec 18 gbh a lad start beating anuther lad up i tryed to stop it for some reason i kicked him in arm he got broken jaw what sentence?
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'Section 18' is an extremely serious charge. It's only one step below 'attempted murder and carries the same maximum sentence of life imprisonment.
The 'starting point' sentence (from which a judge can move the sentence up or down) for the least serious of 'Section 18' offences is 4 years imprisonment. Unless there are extremely exceptional circumstances (which the judge must explain in open court) the actual sentence should be between 3 and 5 years.
However kicking someone, while wearing shoes, can be regarded as 'using a weapon which came to hand at the scene'. That pushes the 'starting point' up to 5 years, with the available range being 4 to 6 years.
Those sentences refer to a first-time (adult) offender, convicted after a trial. Previous convictions can push the sentences higher but a guilty plea, at the earliest possible opportunity, can see the sentence cut by one third.
So the absolute MINIMUM sentence would normally be 2 years imprisonment (of which half would normally be spent 'inside').
Chris
The 'starting point' sentence (from which a judge can move the sentence up or down) for the least serious of 'Section 18' offences is 4 years imprisonment. Unless there are extremely exceptional circumstances (which the judge must explain in open court) the actual sentence should be between 3 and 5 years.
However kicking someone, while wearing shoes, can be regarded as 'using a weapon which came to hand at the scene'. That pushes the 'starting point' up to 5 years, with the available range being 4 to 6 years.
Those sentences refer to a first-time (adult) offender, convicted after a trial. Previous convictions can push the sentences higher but a guilty plea, at the earliest possible opportunity, can see the sentence cut by one third.
So the absolute MINIMUM sentence would normally be 2 years imprisonment (of which half would normally be spent 'inside').
Chris
Firstly, let me try to explain the legal concept of 'joint enterprise'. Suppose that two guys try to rob a bank but it goes wrong and one of them shoots a security guard dead. The other guy didn't pull the trigger; in fact he didn't have a gun and he'd never even seen a gun before in his life until his mate pulled his own gun from his pocket. However they can BOTH still be convicted of murder if the court takes the view that the security guard's death came about through their 'joint enterprise'.
So if you get involved in a fight where the victim suffers a serious injury you can (if the court regards your actions as part of a 'joint enterprise') still be convicted of causing that injury even though it's clear that you didn't strike the actual blow which caused it.
However let's assume that the court (or the Crown Prosecution Service, at an earlier stage) doesn't take that view. In which case the charge will probably be dropped to 'ABH'. If your assault is treated at the lowest level, the 'starting point' sentence (as described above) will then be a 'high level' community order, with the sentencing range being between a 'medium level' community order and 6 months imprisonment.
Chris
So if you get involved in a fight where the victim suffers a serious injury you can (if the court regards your actions as part of a 'joint enterprise') still be convicted of causing that injury even though it's clear that you didn't strike the actual blow which caused it.
However let's assume that the court (or the Crown Prosecution Service, at an earlier stage) doesn't take that view. In which case the charge will probably be dropped to 'ABH'. If your assault is treated at the lowest level, the 'starting point' sentence (as described above) will then be a 'high level' community order, with the sentencing range being between a 'medium level' community order and 6 months imprisonment.
Chris
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