What Do You Think The Sentence Will Be

[Kay18]

Hi this is really sensitive for me it's still all fresh and raw. But I need to prepare myself for the worst likely outcome.
My partner has assaulted me whilst I'm holding our new baby. He was intoxicated drinking vodka and took cocaine.
He has previous convictions in his past for violence. And done prison due to it. He is well known by police. Anyway he's now been arrested for attacking me. Charged with GBH sec 18
Common assault coz I was holding baby but baby had not one mark on him and wasn't harmed at all.
Affray due to resisting arrest. We're both 32 and known each other over 20 years and been in a relationship for 1 year and have a beautiful baby boy. It's the first time he had done this to me and totally out of character coz he's so protective of our baby. He doesn't normally drink or take drugs due to the fact in his past he's acted out in such ways and he switches into someone different.
He even looks different his eyes go black his skin grey he's like a shark! He got arrested and due to appear in court end Jan
I wanna withdraw my statement I don't think he deserves years

[cassa333]

I’m not sure you can just withdraw your statement. I imagine you would have to go back and say you lied or something.

However in my opinion, which tbh doesn’t count for much he does deserve evert sentence given.

[Jackdaw33]

If found guilty of s. 18 he WILL go to prison. Anything from 2 - 5 years.

[kvalidir]

Why section 18, what did he actually do and what damage do you actually sustain?

[Kay18]

He hit my face /head
I've got 11 stitches on my forehead
Multiple bruises all over my face and fractured cheekbone

[Rockrose]

Sorry given his history I think this is not an unusual event.
You also cannot withdraw your statement

[Buenchico]

Sentencing in assault cases is a complex matter. The judge has to consider both 'harm' and 'culpability', using those factors to determine which of three categories the offence falls into.

We've not got all of the information that the judge will have regarding the 'nitty gritty' of the offence but I'd hazard a guess that it might fall into 'Category 2'. If so, the judge will then have a 'starting point' of 6 years' imprisonment to work from. That might get pushed up to 7 years because of your partner's previous record of violence, and the other matters you've referred to, but then get cut back by a third, to 56 months, for an early guilty plea.

Only half of a nominal sentence is spent 'banged up', so my best guess is that your partner might be 'out of circulation' for a bit under 2½ years. (The other offences can probably be ignored because the sentences for them are likely to run concurrently with the one for GBH)

To read exactly what the judge will have to refer to, see pages 3 to 6 here:
https://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf

You can't withdraw a statement. The statement you originally gave can still be read out in court, with you being asked why you now wish to change it. Judges are specifically advised to ensure that there's no possibility of a victim of a domestic assault being coerced into changing their statement, so they're encouraged to take a victim's original statement as being true unless there's very clear evidence that it's not.

Further, if a court believes that an offence has definitely occurred but the victim refuses to provide the relevant evidence, it's even possible that the victim could be sent to prison. (See here for an example of when that's happened: https://www.bbc.co.uk/news/uk-wales-mid-wales-11707903 ).

[Kay18]

I know he deserves prison but I don't think years is right
He need some mental help and support aswell. He is remorseful and we planned our future I've had his first born son and he's gunna miss out. He was intoxicated and literally looked straight though me.

[hc4361]

Think of your baby and stop making excuses for him. As already said, sentence will probably be between 2 and 5 years

[Kay18]

I knew his past and he had done his time. He had no help or support when relised from prison. Since all of that he changed his way of life excluding himself from certain people and taking a much more positive on look in life. Myself have never seen any violence from him before never herd a raised voice even.
We had a baby together I didn't introduce baby into anything.
I believe in not judging people on there past how is anyone to change if in constant reminder of what they have done when so negative. For him to drink and take drugs out the blue and act the way he did to me he must of been depressed...but doesn't excuse his actions. We are in love but I can't be with him again my son comes first. I just want others opinion on the situation so I can prepare myself for mine and my sons life without his daddy

[Jackdaw33]

The case of R v Majewski may be relevant as to whether intoxication can be pleaded as a defence.

[kvalidir]

At this stage the damage has been done, all you can hope for is that they lessen the charge (unlikely) or it's considered be be the least serious (3).
Was there any mitigation at all? Were you 'winding him up' (serious provocation can be considered as a mitigation), had he discovered something etc etc etc?
He should independently seek alcohol and substance abuse help before court so the court can see he's trying to sort himself out and get a really good solicitor, but you're looking at 4 years as a starting point even if all that comes into play. The question is if he knows he's aggressive and unpredictable when he drinks and takes drugs, why ever would he consider doing that with a young baby around? You really can't escape the fact that however remorseful he might be that's a clanging act of stupidity and recklessness.

[ToraToraTora]

mate once they're on on drugs all else is secondary to them. He'll never change, it WILL happen again. Leave him and get a life for you and the child. The max for section 18 is life.

[kvalidir]

That's not strictly true Tora, my father had been to prison for GBH and had massive alcohol and drug problems prior to getting together with my Mum ( who wouldn't put up with any of his ***), and there ha been no recurrence of any of that since the 1990's. In addition I couldn't have wished for a better father, but you are correct that this lady needs to consider her child and this appears to be an ongoing issue since this is a recent offence against her when she was holding their baby. x

[ToraToraTora]

1 in 100,000, kval perhaps, usually once a junkie woman beater always a junkie woman beater.

[gollob]

get rid of him as soon as possible unless you collect stitches

[Kay18]

Chanel5 saying about him being intoxicated/ looking straight through me etc coz he wasnt himself. I'm not condoning his actions and furthermore I did protect my baby. My body literally turned into a shell of protection hence why he had no injuries not a single bit of harm. I would be putting him at risk if I went back in a relationship with him not being 100% for certain he would not touch drink or drugs again but I'm not even willing to risk that. My baby deserves me and no better than me. I'm not gunna lie I'm no robot can't switch feelings off with a click coz I have a heart that's still in love deeply with him. I have no family or support so dealing with this alone is so scarey I'm lost. I wanted help with dealing with what could be without the dad in our life's my whole world has to change and is changing and doing it alone with a newborn baby is the most terrifying thing in the world

[BANANASPLITS]

"He hit my face /head
I've got 11 stitches on my forehead
Multiple bruises all over my face and fractured cheekbone"!
And you want to withdraw your statement...madness!
He could have killed you or your baby and you want to give him another chance to do so...get rid of him before he kills you fgs!

[ToraToraTora]

"My body literally turned into a shell of protection hence why he had no injuries not a single bit of harm." - That's not because of you that's because he did not go further believe me you could not protect your child or yourself if he chose to.
"I would be putting him at risk if I went back in a relationship with him not being 100% for certain he would not touch drink or drugs again but I'm not even willing to risk that. My baby deserves me and no better than me"
You cannot be 100% sure. He will , a very low percentage if addicts ever get clean. Drug addicts care only about their habit. It will end in tears at best at worst you and the child could be badly injured or worse. get rid now, you have no real choice.