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GBH involving loss of an eye.
8 Answers
Hello,
Two newly married turkish friends stopped over in London as part of their honeymoon. They visited a pub and whilst they were there a fight broke out. My acquaintances had absloutely nothing to do with the fight whatsoever. One of the brawlers threw a glass which struck the newly married girl in the face and as a result she lost an eye. Eventually the police caught the man who threw the glass and I'm wondering what the likely sentence will be.
Thank you.
fractalpie
Two newly married turkish friends stopped over in London as part of their honeymoon. They visited a pub and whilst they were there a fight broke out. My acquaintances had absloutely nothing to do with the fight whatsoever. One of the brawlers threw a glass which struck the newly married girl in the face and as a result she lost an eye. Eventually the police caught the man who threw the glass and I'm wondering what the likely sentence will be.
Thank you.
fractalpie
Answers
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It depends upon whether the conviction is under 'Section 20' (="GBH") or 'Section 18' ("GBH with intent").
The use of a 'weapon' (such as a glass) is often sufficient to get 'with intent' added to a GBH charge. However it's likely that the offender's defence counsel will try to argue that there was actually no specific intent to cause grievous bodily harm to anyone.
If you want to read more about the legal definitions of 'GBH' and 'GBH with intent', read paragraphs 50 to 67 of this document from the Crown Prosecution Service:
http://www.cps.gov.uk...s_against_the_person/
Unless there are very exceptional circumstances (which a judge must explain in open court) judges are obliged to sentence offenders in accordance with the guidance contained in this document:
http://www.sentencing...inst-the%20person.pdf
The relevant tables are on pages 13 and 15 but it needs to be noted that those sentences refer to a first-time offender convicted after a trial. An early guilty plea can see the sentence cut by up to one third. Previous convictions (particularly for violence) can see the sentencing range moved upwards.
If the victim has not already done so, she should make a claim for compensation to CICA:
http://www.cica.gov.uk/
Chris
The use of a 'weapon' (such as a glass) is often sufficient to get 'with intent' added to a GBH charge. However it's likely that the offender's defence counsel will try to argue that there was actually no specific intent to cause grievous bodily harm to anyone.
If you want to read more about the legal definitions of 'GBH' and 'GBH with intent', read paragraphs 50 to 67 of this document from the Crown Prosecution Service:
http://www.cps.gov.uk...s_against_the_person/
Unless there are very exceptional circumstances (which a judge must explain in open court) judges are obliged to sentence offenders in accordance with the guidance contained in this document:
http://www.sentencing...inst-the%20person.pdf
The relevant tables are on pages 13 and 15 but it needs to be noted that those sentences refer to a first-time offender convicted after a trial. An early guilty plea can see the sentence cut by up to one third. Previous convictions (particularly for violence) can see the sentencing range moved upwards.
If the victim has not already done so, she should make a claim for compensation to CICA:
http://www.cica.gov.uk/
Chris
Thanks for the reply.
The eligibility criteria (for compensation) are given here:
http://www.cica.gov.u...-apply/Am-I-eligible/
I can see nothing about nationality or country of residence. Indeed, it would be illogical (and possibly in conflict with the UK's international obligations) if there were any such restrictions.
Chris
The eligibility criteria (for compensation) are given here:
http://www.cica.gov.u...-apply/Am-I-eligible/
I can see nothing about nationality or country of residence. Indeed, it would be illogical (and possibly in conflict with the UK's international obligations) if there were any such restrictions.
Chris
I think this poor lady should apply for criminal damage compensation, friend of mine's son got £500 after he was a bystander in a pub when a fight broke out and a glass almost cut off his ear.Also if she has travel insurance she should be able to claim on that too.
The culprit will probably get off with a fine because the jails are too full, but I hope he gets his just deserts !
The culprit will probably get off with a fine because the jails are too full, but I hope he gets his just deserts !
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