gbh section 18 sentencing

[KingBobby1983]

i was in a club in January, i went to the bar saw a small space so stood in this space to which a bloke took offence and started callin me a bold c**t and accused me off pushing in to which i said i was sorry and didn't me too if i did. his friend he was with took him to the other side of the bar and come back and said sorry for what his mate was saying i said ok and went on with my night, he carried on calling me names for the next couple of hours, i went out side for a fag and as he was leaving the club he carried on with the names and saying he was going to kick my head in, i then stupidly fallowed him to ask what his problem was and what happened next is on cctv. we have a 30 sec conversion then he goes to headbutt me i step back then step forward( which on the cctv looks as if i headbutt him as of angle and street signs in the way) and hit him twice then grab him round the collar and hit him ten more times while i had hold of him to which i let go off him and walk home. i am up for trail in sep have pleaded not guilty to section 18 with intent but have admited to what i have done and put in a ple for section 20 and 47,the male i had a fight with had no broken bones he did have three bleeds on the brain as it turned out he had medical problem where his blood does not clot properly, he was out of hospital with in 24 hours and has had no long term problems, i have been on tag since feb and this is first time been in trouble for fighting also have keeped to all bail conditions does ne on know what sort of sentence i will be looking at? does the fact that i have been willing to own up to what i did from the start help me?

[sandyRoe]

Whatever else happens he won't be so quick to call you a 'bold c**T' again.

[Buenchico]

Unless there are very unusual circumstances (which the judge must explain to the public in open court) the judge MUST stick to the guidelines for Section 18 sentencing on page 5 of this document:
http://sentencingcoun...ine_-_Crown_Court.pdf
(See page for a definition of the the categories).

The sentences there refer to a first-time offender who is convicted after a trial. (Previous convictions can push sentencing higher. An early guilty plea can see the sentence cut by one third).

Given the nature of the injuries I reckon that you've got no chance whatsoever of getting the charge/conviction down to Section 47 and, given the sustained attack, you've also got no chance of Section 20 either. See this document for the definitions used by the CPS. (They're not actual law but they're based upon the decisions of the courts in countless cases):
http://www.cps.gov.uk...s_against_the_person/

My guess is that the sustained assault (but with no permanent harm) will make it a 'Category 2' offence, for which you're probably facing a sentence of 5 to 6 years imprisonment. (If so, you could be considered for release from prison at the half-way point in the sentence but you might have to wait until the two-thirds point).

Chris

[EDDIE51]

My advice is change your plea to guilty and take advantage of the reduction in sentence. From your description I agree with Chris , you are guilty and no chance of a reduction in the charge to S20 . Just hope you get 4 years or under so that you get the release at the 1/2 way point . Sorry, but from what you have written you have very little in the way of mitigation , my guess would be 5 to 6 years as well .

[KingBobby1983]

even tho he went to headbutt me and had been giving me abuse all night and he didnt have ne broken bones you still think its a section 18 with intent? the guide lines say that the rupturing of internal blood vessels is not wounding so apart from the repeated attack i dont see why the charge is section 18, all tho i hit him ten times they were not fists in the air full swings they were short little punchs just to make sure that he was not going to attack me again when i saw he was knocked out i didnt punch him again and the fight only lasted 4. secs

[lcg]

yes! you beat the crap out of him and caused a life threatening injury. i hope you are on the receiving end at some point...maybe you will develop some empathy, a stronger set of morals and a little more humanity if you think about what you really did (and in prison you will have plenty of that). but i doubt it........dear god - what an arrogant post!

[EDDIE51]

I stand by my first post , what you have described is a text book case of section 18 . You are looking at 5 years.

[MarkRae]

> when i saw he was knocked out i didnt punch him again

Whatever you do at your trial, when you're in the dock don't say anything as stupid as that! They'll throw the book at you! Your fate is, essentially, out of your hands and you will need to rely 100% on your legal representation to try their best to find anything that that they can use in mitigation. Wear a smart suit and tie, get a decent haircut and try to look as sorry and ashamed as you can - it's pretty much your last resort...

[ronnietoon]

you've admitted i take it, it may well be lowered to a section 20/47 which are a far lesser offence,but with the injuries occurred i cant see the cps dropping it,from what you say you have hit him numerous times which in turn has caused his injuries.

[KingBobby1983]

icg76, im only explaining what happened in the hopes of getting other peoples view on what i did as it will be other people who decied my fate how can you tell if i have shown empathy towards this person or comment on my morals i got in a fight with someone who wanted to fight not just a bloke i meet on the way home this person went to use a weapon on me(headbutt) so i used self defence and im the first to admite that i went far beyond self defence but that is how it started off all i hope is that people like you are not on the jury. thank you for other peopls not including icg76 advice, i know i have done wrong just dont think its 5 years worth of wrong but thats me i see it as a fight that was taken to far and yes i do need punishing for what i did but think 5 years is a bit over the top, you have rapist that dont even get that, also does that fact that the bloke i was fighting does do want to press charges help me in ne way

[bazwillrun]

I really dont understand why you are being prosecuted , this scumbag got everything he asked for.

he started and wouldnt let it go, he attempts to assault you and you defend yourself.....this is frikkin ridiculous.

[EDDIE51]

Here is an advice sheet from a firm of specialist criminal law solicitors , scroll about 3/4s of the way down and read what it says under
Causing GBH with intent Section 18 !!
http://www.pdsolicito...ces-of-violence#link2
I would place your offence in the middle category , but a good lawyer may get it placed in the first category . You are still looking at 3 years which is the MINIMUM for this offence !