Gbh With Intent

[Alydoc]

Hi

Please could someone direct me in the right way regarding sentencing with this crime.

My partner was high on cocaine and came back to our home after a binge I had already told her it was over the week before but carried on helping her by letting her live with me as she self harmed cutting her arms the week before, I had got up for work and started ironing when she approached me saying how upset she was and I should leave the home as she had no where to go after I told her it was over, she ripped iron from wall when hot and threw at my back burning, she then picked up knife 10inch meat knife saying if I can't have you no one will then stabbed me in shoulder 4 inches from my heart if I hadn't of moved my shoulder it would have directly been going in my chest.

I went to hospital and had my arm glued and butterflied no stitches.

When I got back from hospital she was still in the house and had done an overdose so the ambulance and police where called.

She spent two days in hospital on a drip due to overdose then was charged with gbh with intent for the stab wound she is now on remand.

Can anyone answer for me what she is looking at getting please even if I write a heavy handed letter explaining which I did in statement we have never even had an argument and this was fuelled by drugs and she never acted like this?

She has two children who live with father and I have 3 no children where present, I am very sad as this isn't her and apart from her drug problem is an amazing woman, I want to stick by her and have said if she receives the help and wants to help herself I will.

Will this help in sentencing and what is she looking at please?

Can this be dropped to section 20 if she goes guilty and the judge looks at this as drugs fuelled or does this not come into affect?

Thanks

[EDDIE51]

GBH With intent S18, is very serious it is always a prison sentence.
You are looking at 2 years as minimum,sorry.

[Buenchico]

At the lowest end of a 'GBH with intent' offence (i.e. 'Category 3') then sentence has to be between 3 and 5 years imprisonment. At 'Category 2' the range is between 5 and 9 years. At 'Category 1' it's between 9 and 16 years.

You've probably described a 'Category 3' offence.

See pages 3 to 6 here:
http://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf

An early guilty plea can see a third knocked off the sentence but it can't see the charge reduced to 'Section 20'.

The factors adding 'with intent' onto a GBH charge (taking it from 'Section 20' to 'Section 18') are indicated here:
http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#a16

There might be a better chance, though, of getting the charge dropped down to 'ABH', as the injuries you describe might not be regarded as falling into the 'really serious' category, that's required to sustain a GBH charge:
http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#a15

[EDDIE51]

Thanks Chris, I hoped you would be on to post the guidelines.
Alydoc. have read your post and in my opinion there is little chance of a reduction to S20. This is due to the serious nature of the crime and the use of a knife. But you could still ask your solicitor's opinion.

[Alydoc]

Thank you guys this clears up a lot, I am just really worried they will go for a heavy sentence but hopefully a heavy handed letter explaining this woman isn't a nasty person and never has etc could help.

She has said she is going to go guilty straight away so would they plea bargain with her or not bother?

[Buenchico]

She needs to speak to her solicitor to ask if there's any point in him/her approaching the CPS with a view to getting the charge dropped to 'ABH'.

[Alydoc]

Ok I shall get her to approach solicitor, the police dropped the attempted murder to gbh with intent then the iron was dropped with gbh so hopefully they might drop further in court to Abh, always worth trying, if she goes guilty at first hearing would you see her sentence in the 3-4 years?

[Buenchico]

With luck, 3 years minus one third = 2 years.

However committing an offence while under the influence of drink or drugs tends to add to the sentence (rather than to reduce it, as you seemed to suggest in your original post), so perhaps closer to 2½ years might be a better guess.

[Buenchico]

^^^PS: Remember that the actual time spent in prison is usually only half of the nominal sentence, with the rest of the sentence being 'on licence'.

[bednobs]

nd any time on remand is taken off

[Alydoc]

Thanks so much

[EDDIE51]

No harm asking your solicitor, but you did not mention there were 2 charges in your original question, I thought it was one charge of GBH S18.
This makes it more serious as she will get both charges taken into account on sentencing. As the most serious charge has already been reduced from attempted murder I would be very surprised to see a further reduction.

[EDDIE51]

As well as the other advice it is VITAL that she gets professional /help advice on her mental health ( suicidal/self harm) and drug issues. Make certain her solicitor is working on this aspect as a report on this will be needed by the court in making the sentence decision.

[Alydoc]

Hi yea it is only section 18 charge now the police dropped it in the police station from the other two charges to section 18, yes most importantly to everyone in this is the help she needs and I hope she gets, I will write to the judge and hope she dosnt get given such a harsh senta cease she does need help and has never acted or behaved like this before.

I believe her solicitor will work on what your saying and also I shall push the solicitor to work on this too.thanks

[EDDIE51]

I do not want to sound harsh but you have to accept that she is going to jail for at least 2 years. If you do not accept that you are going to have a shock.
You have to prepare for the inevitable.

[Alydoc]

hi just an update, so I done a second statement still outlining the events as that was true but trying to lessen the harshness of the wording and saing she was waving the knife around before she stabbed me and was out of control not knowing what she is doing, she has gone guilty to wounding me but not to the intent, the court have given a date for trial but at same time given a date of the 18th December to see if the cps will accept the lesser charge of guilty, they said from what I was getting is they will want to come and talk to me? is this true and why?
do you think cps will accept this charge?
thanks