gbh with intent section 18

[jadey92]

hi, my sister has just been convicted of gbh with intent section 18 and got 4years! what happened was she was on a night out and some girls kept shoving her on the dance floor there was a scuffle ans 3 girls attacked her. she was put in the toilets while the landlord protected her from the girls punching her. they were kicked out apart from one who was friendly with the bouncers. she claimed she has her finger bit in the scuffle and was getting some attention from a bar maid. at this time my sister walked back into the bar to get her bag and go home. a girl she knew had her arm around her to make sure she was ok. they didnt look at anyone and were just about to leave when the lady who said she was bit (by my sister) jumped on her back from behind span her round and punched her twice in the face. sister punched her back and she feel to the floor. this is all on cctv but the next bit isnt as the lady fell to the only blind spot in the bar. anyway next thing you see this ladys husband who is about 6ft and 30stone pick my sister up and throw her against the wall. she kicked out at him for him to move. she then kicked out again. they say at the lady but there is no proof the kick made contact or where it did.then she left. you also see the girl she knew who was helping her kick out twice.she got 3years. there was no forensic evedence or cctv that sees any kick connect! the other girl texted her mates the next day saying i wonderfully fluffed that woman up and stamped on her head ooooppp it was like something out of shamless.thats beer for you!! my sister didnt. they both pleaded not guilty and were sentenced on the 25th of november. this happend on the 20th of feb 2010.nearly 2years ago.she was only 19.she has no previouse a job her own house a job .she pays all her own bill and has a 4year old daughter and is a single mum! it was in self defence and just a drunken fight that got out of hand. the lady had a fractured eye socket and a bad black eye but no serious lasting damage.is this fair on my sister???? and is there any grounds for appeal?

[jadey92]

and all the people involved attacking my sister and the 'victim' are all in there late 30s.

[TheWinner]

Hi jadey92,

Welcome to Answerbank.
Don't take this the wrong way, but most people on here will not comment.
We weren't there and we only know what you have told us. Possibly you weren't there either, and you only know what you have been told by your sister. Answer: No Comment.

[jadey92]

thanks for your comment! but i hope someone may be able to help me as i want my sister home with her daughter. i was there and so was my other sister! and i have also seen all the the cctv!

[TheWinner]

OK Fair enough. Let's see if anyone else can help you.

[VHG]

One assumes the court heard the full case and gave the sentence based on the evidence.

Only her lawyer can decide if there is leave to appeal, none of us can decide.

[jadey92]

yes one would assume however we all assumed she would be coming home as she had a good deffense! and i feel she has been made an example of with a very hefty sentence that she did not deserve!as the jury even approached her barrister in the toilet about the case half way though.THIS IS WRONG AND NOTHING WAS DONE. And a man fell asleep!

[jackthehat]

You may be able to persuade her legal team to mount an appeal based on the things that were or weren't done/said......but I'm afraid that no-one here can be of any real practical assistance to you.

[jadey92]

also i am not asking anyone to say if she can appeal i am asking if any one would like to help me with some advice if they have any to give.

[China Doll]

The jury approached the barrister in the toilet?! At the very least I would say that's probably frowned upon.

[jackthehat]

None of us were in court.
It appears that she has already undergone 'due process' and received her sentence.

There is now nothing to be done except for her to either accept her punishment, or hope that her legal team have sufficient grounds for appeal.

[boxtops]

It's very difficult when we only have your side of the story, and the case has already been heard in the courts. There must have been some evidence to say that your sister did it, otherwise the judgement wouldn't have gone the way it did. Is her solicitor mounting an appeal?

[NOX]

I suggest you do two things, the first is speak with her existing legal team re an appeal, and the second is to get a second opinion on that if you have no faith in this legal team. your sister will be very frightened and worried for the first few weeks she is inside and will need to know that everything possible is being done to try to get her out. This is really important, so let her know that you are working tirelessly, other than that it's in the lap of the gods I'm afraid, but section 18 is a pretty hefty charge.

[sherrardk]

Can't help with the legal stuff but where's her daughter now?

[Sophie1b]

Hi jade! Yes obviously the jury found her guilty, but where has the "intent" come from?? This was not pre meditated, there was no weapon it was just self defence that has got out of hand! Is her sentence fair?

[ladybirder]

The jury approached the barrister in the toilet

What, all of them? Really?

[boxtops]

The jury shouldn't do that, does the judge know that? How do YOU know?

[Sophie1b]

This country is wrong! My sister was attacked twice by ladies twice her age, she did not pre meditate the wounding on the "victim" she acted in self defence! Why don't they send people to prison who deserve to be in jail! Not young girls who clearly are no threat to society, work and contribute to the state! My sister has been sent to jail for 4 years because she acted in self defence! I don't see how it can be justified when You can drink drive, knock some one down and be given a suspended sentence! Four years is just way too much !

[jadey92]

yes a member of the jury was asking her barrister if they had many people to get though on there side as he was woundering how long it will all take. this to me is unfair and seems like a verdict could have been rushed. also the judge was made aware of this and said NOTHING! we have spoke to her solicitor who is writting to her today to start an appeal! but as we have not spoke to her we dont know what she is doing or if she has asked for any help! 4years is not what we were expecting at all. especially taking in to account there was no lasting damage. she is young a mother and has no previous or has not been in trouble in the 2yers since

[sherrardk]

Sophie and jadey seem to haveverey similar problems.

[Sophie1b]

A member of the jury asked the barrister how many witnesses he had as he wanted to know how long the trial would last! The televisions what they showed the CCTV on were so small and ancient that it didn't really help as the CCTV was her defence