Body & Soul5 mins ago
Under Investigation For Gbh Section 18 With Intent
Hi, I attended my girl friends cousins family dress party down south with her mum, daughter and aunt. Her brother was there for the weekend also. He was verbally abusing everyone all weekend. At the party he was causing arguments and picking fights with everyone including myself. I was in good spirits and acting exemplary all night. Until he went for my girlfriends mum in an aggressive manner. I jumped up and approached him he turned to me in what I took as an act of aggression and so I punched him 4/5 times. He went to the floor. He got back up as we were separated and then charged thru the crowd separating us towards me as I was sat in a seat I stood up we fought and I wrestled him to the floor. I felt as though he was getting the better of me couldn't use my arms to defend my self. which after I realised was either because I was being restrained or I was on my side and he had the other and so I bit him on the cheek. Never did I intend to take a chunk out of his cheek but this is what happened. I feel sick to my stomach that I inflicted this injury to him. I've cried every day since. My girlfriend (his sister) and her mum (his) mum are both supporting us both and are destraught with it all. His mum told the police when they came for me they should be going for him and has explained I was defending her when it all started. Other of his family members have called the investigating officer and said he was provoking me and others all night and weekend and was looking for a fight. People are giving statements saying of the things he was saying he was going to do to me. I feel I was protecting my self even though I am totally gutted to the injurys he has sustained. I really couldn't be more sorry. I see and hear all the hurt 1st hand as I'm in a relationship with his sister. I stand to loose a very good job which has took me 10 years to work for, I have 2 children (9&12) whome I see very regular and are extremely close to we go on yearly holidays and I am a huge part of their lives, there mothers (2children to 2 women) both rely on me financially and for child care so they can go to work. I have taken on the farther figure role of the guys niece after her farther walked out 2n half years ago she is 3 now I'm a huge part of her life also and will have a massive effect on her if I go to jail. I'm totally in bits with all this but also totally understanding of the Devistating effect this has had on the fella I've bitten. Hearing how he can't look at him self in the mirror or feels ashamed to leave the house. I really can't believe I've hurt so many people around me. I could never intend this. I will be supported with several character references for my self and the person I am off respectable people and the family of the person I've bitten whome all support us both thru this very delicate and difficult time. Please can someone tell me if a sentence I could receive or if there is any possibility I could get a suspended sentence? I know this is such a long winded post and so much much I really am struggling to take this in and need to know what I have to prepare for.
I'm 33 years old and have not been in trouble for 13years. I really am not a horrible person.
Thank you
I'm 33 years old and have not been in trouble for 13years. I really am not a horrible person.
Thank you
Answers
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Your best hope is that your barrister can convince the CPS (before the case gets to court) or the court itself that the offence is one of 'ABH', rather than of 'GBH'. (There's no such thing as 'ABH with intent', so the 'with intent' bit is automatically lost if the lower charge is applied, or the court decides that you're not guilty of 'GBH').
It's solely the level of injuries which determine the difference betwen 'ABH' and 'GBH'. (Other factors are completely irrelevant). The Crown Prosecution Service's own guidance for its staff has this to say in relation to 'ABH' (after stating that the injuries must be 'serious'):
"In determining whether or not the injuries are serious, relevant factors may include, for example, the fact that there has been significant medical intervention and/or permanent effects have resulted. Examples may include cases where there is the need for a number of stitches (but not the superficial application of steri-strips) or a hospital procedure under anaesthetic. But there may be other factors which are also relevant and these will need to be carefully considered when deciding whether or not the injuries are serious.
Psychological harm that involves more than mere emotions such as fear, distress or panic can amount to ABH. In any case where psychiatric injury is relied upon as the basis for an allegation of ABH, and the matter is not admitted by the defence, expert evidence must be called by the prosecution"
This is the CPS guidance with regard to the definition of 'GBH':
"Grievous bodily harm means really serious bodily harm. It is for the jury to decide whether the harm is really serious. However, examples of what would usually amount to really serious harm include:
injury resulting in permanent disability, loss of sensory function or visible disfigurement;
broken or displaced limbs or bones, including fractured skull, compound fractures, broken cheek bone, jaw, ribs, etc;
injuries which cause substantial loss of blood, usually necessitating a transfusion or result in lengthy treatment or incapacity;
serious psychiatric injury. As with assault occasioning actual bodily harm, appropriate expert evidence is essential to prove the injury"
(Source for both quotes: http://
If you can get the charge/conviction reduced to ABH, it might be classed as 'Category 1' (because the level of injury is near to the borderline with 'GBH' and the act of biting being seen as indicative of higher culpability). If so, a custodial sentence is inevitable, with the lowest senrtence available to the court being one of 8 months imprisonment (i.e. 12 months less a third for an early guilty plea). The maximum penalty could be three years imprisonment (or two years with an early guilty plea). Sentences can be suspended if they don't exceed 2 years, so you might not go to prison.
If you could get the charge/conviction reduced to ABH, with the court viewing it as 'Category 2, a custodial sentence is less likely but the 'starting point' sentence is still one of 6 months imprisonment.
If the CPS (and the court) decide that the level of injuries constitutes 'GBH', then the act of biting is likely to be sufficient for 'with intent' to be successfully appended to the charge. The 'starting point' sentence for such a 'Section 18' offence is one of 4 years imprisonment at the lowest ('Category C') level. The absolute minimum sentence which can be passed is one of 2 years imprisonment (i.e. 3 years less a third for an early guilty plea), so it's just theoretically possible that the sentence could be suspended.
However, in roughly half a century of reading court cases, I've only ever seen one conviction for GBH with intent which didn't result in immediate (and lengthy) custody.
(Sentencing guidelines here: http://
It's solely the level of injuries which determine the difference betwen 'ABH' and 'GBH'. (Other factors are completely irrelevant). The Crown Prosecution Service's own guidance for its staff has this to say in relation to 'ABH' (after stating that the injuries must be 'serious'):
"In determining whether or not the injuries are serious, relevant factors may include, for example, the fact that there has been significant medical intervention and/or permanent effects have resulted. Examples may include cases where there is the need for a number of stitches (but not the superficial application of steri-strips) or a hospital procedure under anaesthetic. But there may be other factors which are also relevant and these will need to be carefully considered when deciding whether or not the injuries are serious.
Psychological harm that involves more than mere emotions such as fear, distress or panic can amount to ABH. In any case where psychiatric injury is relied upon as the basis for an allegation of ABH, and the matter is not admitted by the defence, expert evidence must be called by the prosecution"
This is the CPS guidance with regard to the definition of 'GBH':
"Grievous bodily harm means really serious bodily harm. It is for the jury to decide whether the harm is really serious. However, examples of what would usually amount to really serious harm include:
injury resulting in permanent disability, loss of sensory function or visible disfigurement;
broken or displaced limbs or bones, including fractured skull, compound fractures, broken cheek bone, jaw, ribs, etc;
injuries which cause substantial loss of blood, usually necessitating a transfusion or result in lengthy treatment or incapacity;
serious psychiatric injury. As with assault occasioning actual bodily harm, appropriate expert evidence is essential to prove the injury"
(Source for both quotes: http://
If you can get the charge/conviction reduced to ABH, it might be classed as 'Category 1' (because the level of injury is near to the borderline with 'GBH' and the act of biting being seen as indicative of higher culpability). If so, a custodial sentence is inevitable, with the lowest senrtence available to the court being one of 8 months imprisonment (i.e. 12 months less a third for an early guilty plea). The maximum penalty could be three years imprisonment (or two years with an early guilty plea). Sentences can be suspended if they don't exceed 2 years, so you might not go to prison.
If you could get the charge/conviction reduced to ABH, with the court viewing it as 'Category 2, a custodial sentence is less likely but the 'starting point' sentence is still one of 6 months imprisonment.
If the CPS (and the court) decide that the level of injuries constitutes 'GBH', then the act of biting is likely to be sufficient for 'with intent' to be successfully appended to the charge. The 'starting point' sentence for such a 'Section 18' offence is one of 4 years imprisonment at the lowest ('Category C') level. The absolute minimum sentence which can be passed is one of 2 years imprisonment (i.e. 3 years less a third for an early guilty plea), so it's just theoretically possible that the sentence could be suspended.
However, in roughly half a century of reading court cases, I've only ever seen one conviction for GBH with intent which didn't result in immediate (and lengthy) custody.
(Sentencing guidelines here: http://
There is no such thing as ABH Section 18.
Section 18 is GBH with intent. As Buenchico says GBH S18 is always a prison sentence.
As you actually did injure the other person the best you can do is to try to get your solicitor to arrange a 'Plea Bargain'. This is where you plead guilty to a lesser offence ABH in return for a lower sentence.
You may just get away without a jail term!
However it may not be possible to get a plea bargain , it will be up to the CPS and the police
Section 18 is GBH with intent. As Buenchico says GBH S18 is always a prison sentence.
As you actually did injure the other person the best you can do is to try to get your solicitor to arrange a 'Plea Bargain'. This is where you plead guilty to a lesser offence ABH in return for a lower sentence.
You may just get away without a jail term!
However it may not be possible to get a plea bargain , it will be up to the CPS and the police
Thank you very much for your replies all very appreciated. Some small glimpses of hope but reality also. He has been hospital twice and stayed over night once. He has had stitches the amount I'm unsure of as I avaoid asking my girlfriend those questions as not to upset her and I find it hard to hear myself. He has the stitches out from one week of having them put in. I've not been charged with anything yet I've been released under investigation of the charge gbh section 18 with intent.
Once again thank you for your time to reply
Once again thank you for your time to reply
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