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What happens now?
A friend was attacked by someone who abused her as a child. She was left with a broken collarbone, cuts and bruises - one of the cuts needed stitching (was caused by a knife). she doesnt have much memory of what happened but the person who attacked her was arrested at the scene...neighbours heard a disturbance and called the police - he was still there when the police arrived.
What will happen next? i have spoken to my friend and she is really scared and shaken up as u can imagine. i just want a better of understanding of the charge is likely to be against him, how long it will take to go to court etc so that i can help her through it realistically. she wont talk about it so its hard to get any info from her... what sort of punishment is he looking at?
What will happen next? i have spoken to my friend and she is really scared and shaken up as u can imagine. i just want a better of understanding of the charge is likely to be against him, how long it will take to go to court etc so that i can help her through it realistically. she wont talk about it so its hard to get any info from her... what sort of punishment is he looking at?
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(2-part post):
The Crown Prosecution Service will initially have to decide, based solely upon the extent of your friend's injuries, whether the charge should be 'assault occasioning actual bodily harm' or 'inflicting grievous bodily harm'. (An alternative wording to the latter charge is 'unlawful wounding'). Based upon this legal guidance (which is the actual document CPS staff must refer to), 'GBH' seems to be the more likely charge:
http://www.cps.gov.uk...s_against_the_person/
(Paragraphs 45 to 58 apply)
If the charge is 'GBH' (or 'wounding'), the CPS then have to decide whether to add 'with intent' onto the end of that charge. (Paragraphs 59 to 67 of that document apply). The use of a knife might be sufficient to cause that to happen.
Here's the document that judges must refer to when considering sentence:
http://www.sentencing...inst-the%20person.pdf
(See page 13 for 'GBH/Wounding with intent', page 15 for 'GBH' and page 17 for 'ABH').
It should be noted that the sentences there refer to first-time offenders who are convicted after a trial. An early guilty plea can see the sentence reduced by one third. Previous convictions can push the sentencing range higher.
The Crown Prosecution Service will initially have to decide, based solely upon the extent of your friend's injuries, whether the charge should be 'assault occasioning actual bodily harm' or 'inflicting grievous bodily harm'. (An alternative wording to the latter charge is 'unlawful wounding'). Based upon this legal guidance (which is the actual document CPS staff must refer to), 'GBH' seems to be the more likely charge:
http://www.cps.gov.uk...s_against_the_person/
(Paragraphs 45 to 58 apply)
If the charge is 'GBH' (or 'wounding'), the CPS then have to decide whether to add 'with intent' onto the end of that charge. (Paragraphs 59 to 67 of that document apply). The use of a knife might be sufficient to cause that to happen.
Here's the document that judges must refer to when considering sentence:
http://www.sentencing...inst-the%20person.pdf
(See page 13 for 'GBH/Wounding with intent', page 15 for 'GBH' and page 17 for 'ABH').
It should be noted that the sentences there refer to first-time offenders who are convicted after a trial. An early guilty plea can see the sentence reduced by one third. Previous convictions can push the sentencing range higher.
'ABH' is an 'either way' offence, which means that it can be dealt with solely by a magistrates court or by a Crown court. (That happens when the magistrates believe that their sentencing powers might not be strong enough or when the defendant elects trial by jury). 'GBH' and 'GBH with intent' are 'indictable only', which means that only a Crown court can deal with the case.
Even if a charge of 'ABH' is used (which I think is unlikely) it's almost certain that the case will be referred to the Crown court, as it will be automatically if either of the other charges are used. It usually takes at least 6 months before a case reaches the sentencing stage in a Crown court. (There's often an initial wait for the first magistrates' hearing, then another wait for their committal hearing. Then there are often several Crown court appearances - many weeks apart - before the defendant can enter a plea. If he pleads 'not guilty' a trial date, possibly several months ahead has to be set. Even if he's then found guilty, sentencing might not take place for a another month or two. The whole procedure often takes over a year).
Chris
Even if a charge of 'ABH' is used (which I think is unlikely) it's almost certain that the case will be referred to the Crown court, as it will be automatically if either of the other charges are used. It usually takes at least 6 months before a case reaches the sentencing stage in a Crown court. (There's often an initial wait for the first magistrates' hearing, then another wait for their committal hearing. Then there are often several Crown court appearances - many weeks apart - before the defendant can enter a plea. If he pleads 'not guilty' a trial date, possibly several months ahead has to be set. Even if he's then found guilty, sentencing might not take place for a another month or two. The whole procedure often takes over a year).
Chris
thankyou for ur reply!
her attacker actually has threatened her beforehand so it was definaletly pre-meditated. several days before the attack took place he was outside her house, shouting at her. the police were called, again by a neighbour. they just moved him on.
will this have any impact on her attack? he also has previous convictions of violence...
her attacker actually has threatened her beforehand so it was definaletly pre-meditated. several days before the attack took place he was outside her house, shouting at her. the police were called, again by a neighbour. they just moved him on.
will this have any impact on her attack? he also has previous convictions of violence...
Thanks for your reply as well.
Making threats beforehand might not be enough to count as 'pre-meditation' (plus the judge won't be allowed to take it into consideration unless evidence is produced, such as independent witnesses, to show that the threats actually occurred). For 'pre-meditation' to be taken into account the court would need to see, for example, that the attacker had specifically sought out your friend in order to attack her.
If the CPS can get 'GBH with intent' to stick, a sentence of around 6 years imprisonment (of which half will actually be spent 'inside') seems likely. If the offender's barrister can get the charge reduced to 'ABH', 6 months might be more likely. My opinion is that the broken collarbone might be enough to get the higher charge to stick but the CPS will only proceed with that charge if they're reasonably confident of a conviction. I've posted tonight on another thread where the questioner is in the extremely fortunate position of having had a 'GBH with intent' charge reduced to 'ABH'. It makes a massive difference to the likely sentence:
http://www.theanswerb...w/Question887395.html
Chris
Making threats beforehand might not be enough to count as 'pre-meditation' (plus the judge won't be allowed to take it into consideration unless evidence is produced, such as independent witnesses, to show that the threats actually occurred). For 'pre-meditation' to be taken into account the court would need to see, for example, that the attacker had specifically sought out your friend in order to attack her.
If the CPS can get 'GBH with intent' to stick, a sentence of around 6 years imprisonment (of which half will actually be spent 'inside') seems likely. If the offender's barrister can get the charge reduced to 'ABH', 6 months might be more likely. My opinion is that the broken collarbone might be enough to get the higher charge to stick but the CPS will only proceed with that charge if they're reasonably confident of a conviction. I've posted tonight on another thread where the questioner is in the extremely fortunate position of having had a 'GBH with intent' charge reduced to 'ABH'. It makes a massive difference to the likely sentence:
http://www.theanswerb...w/Question887395.html
Chris
she needs you to help her stay strong.. this disgusting man is behaving like this to deliberately scare her into not taking any action against him.. so she must stay strong.. she might just help save one other child from the same terrors she experienced herself.
The police can give her an emergency number to dial for help.. and install a panic button in her home!
The police can give her an emergency number to dial for help.. and install a panic button in her home!
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