gbh with intent sentencing ??

[jg18]

i've had my charge of gbh put upto gbh with intent i don't know why as i did not look for the fight i know kicking someone comes down to using a wepon but i didn't mean to do it i blanked out while it all happened would intent stick in the case and also whats the sentencing range ?

[Buenchico]

Other than in genuinely exceptional circumstances (which the judge must explain in open court) a judge must use the starting point referred to below and then move the sentence up or down between the minimum and maximum points shown. However it should be noted that the sentences refer to a first time offender, convicted after a trial. Previous convictions (especially for violence)can push the sentencing range higher but an early guilty plea cab see one third cut from the sentence. (Remember, as well, that the time spent in prison is usually one half of the actual sentence term).

For the lowest level of 'Section 18' offences, the starting point is 4 years imprisonment , with a minimum of 3 years and a maximum of 5 year.

Where the victim suffered a very serious injury or permanent disfigurement OR there was pre-meditated wounding or GBH OR other wounding or GBH involving the use of a weapon that came to hand at the scene:
SP = 5 years
Min = 4 year
Max = 6 years
(It should be noted that kicking someone, while wearing shoes or boots, may be regarded as 'using a weapon which came to hand at the scene').

If the victim suffered life-threatening injury or particularly grave injury:
SP = 8 years
Min = 7 years
Max= 10 years.

There is a higher category but it would seem not to be relevant to your case.

To see the difference between 'Section 20' (GBH) and 'Section 18' (GBH with intent), read paragraphs 50 to 67 of this document:
http://www.cps.gov.uk...on/#Unlawful_wounding

Chris

[jg18]

my solicter has told me to plea not guilty to this as i have no clue of what i did and dosnt feel this will stick, there was provoction in all this aswell and the way 1 of the injuries happened was basicly pulling him to the floor

[jg18]

my solicter mentioned that to me he said there is no way i could plead guilty to with intent and will be looking to get it changed

[joko]

not remembering is no defence by the way...claiming you blacked out does not mean they will go easy on you

[jg18]

not expecting easy atall doing 3years is something i don't wanna do i've realise what i have done and accept my conciquences i realised that fighting is not worth it and im paying part of my price now living with this guilt im not a lovely fluffster who gets into a fight and dont give a Sugar what happens i always feel guilty with what i do and i have been honest with the police all the way through this even things i could get away with i have mentioned just so i dont get punished as much

[joko]

claiming you blacked out wont wash though - because you have a history of it and openly admit you fight.

i would suggest you admit you have anger propblems an offer to have counselling etc... show a willingness to do whatever you can to address these problems you have.

[jg18]

history ? i aint got nothing on my records yeah i scrap just like every lad does we all do it unless ya sit in all day reading book and watching tele, i aint got anger problems :S can control my emotions but if someone hits me i react and black out aint my fault i dont cause a probelm people cause problems with me iv been told to do anger mangement and i have done it no problems just make mistakes that all

[beso]

Read the history and I agree with Elvis68.

You had better take some anger management courses before you are locked up or you will find yourself getting in even more trouble in jail.

[beso]

You stomped on someone's head and you don't think you have anger issues. You are an idiot.

I hope you get a very long sentence.

[piggynose]

hopefully you´ll get a good slapping inside, as this is all you seem to understand

[joko]

history means history,,,not a record...you have a history of violence... you admit it

you sound like a thug

[anneasquith]

well you need to be somewhere where you dont make mistakes.

[jg18]

stamp ? kick difference between them, flump you all how can any of you sit on here and say you have never had a fight before in your whole life everyone has a history yeah iv had fight so what big deal your so quick in judging me yet i have not said iv started all these sorry im not like all you lot who if you get hit run away and ring the police i dont do things like that if im provoked enough i will fight back there is a line and i have crossed it by a moment where iv just lost it and made a mistake, a big 1 in my life im iv learnt my lesson from it i would happily spend time in prison but not beacuse some bloke thought he was the big i Fluffing am getting involved in something which had nothing to do with him and hitting me for no reason flump that

[joko]

well...i dont know about anyone else...but i'm convinced...

with that last post you've totally convinced me of your innocence and im sure everyone has got you all wrong, and that really you are sensitive model citizen...that just gets picked on by bigger boys all the time...

[pault123]

well i would like to set the record straight for these un informed users on this forum jg18!! you were on a lads night out, and was causing hassle in all the pubs you went into that night, the one you were thrown out of was for causing a fight in. the man you hit is 63 a father too 4 and grandfather to 8!!! you were charged with intent because you hit him, then walked away, then went back and stamped on his head and leg!!! INTENTIONALLY CAUSING GREVIOUS BODILY HARM!!! CCTV PROVES THIS. its a good the man dropped the charge to GBH to get it over and done with. and i feel you are very lucky only to be given 12 months. oh, by the way, the compensation charge will hit you when you are out in a year!! HAPPY XMAS!!!!