Section 18 Advice

[TigerLady]

Hi. Back in Feb my ex boyfriend viciously attacked me. He smashed his way in through my window, threw items out the front garden at me, doused me in petrol and pulled a lighter out. Then he climbed back out the window and climbed back in with a huge piece of brick and then proceeded to smash me over the head with it. I managed to escape and he was arrested very quickly. He has been charged with section 18 wounding with intent, ABH, common assault and criminal damage. He went guilty on everything other than the section 18. At a recent court hearing he plea bargained and said he would plead guilty to section 20 with intent. My CPS lawyer refused this and is going ahead with the section 18. The trial had to be rescheduled. I am the main witness so obviously very scared. Any advice on the sentence he may get? Thanks in advance.

[Jackdaw33]

Minimum three years.

[TigerLady]

He threatened to set me on fire then smashed my head in with a brick. Fire brigade had to attend and I was also rushed to hospital with severe injuries. 3 years?? Are you being serious. He has already been on remand for 5 months, thats already a 10 month sentence he has served. You're telling me he could be out by Christmas? Oh I forgot to mention he has 59 previous convictions. One of them is for entering a pub with a chainsaw. 3 years??

[Jackdaw33]

No,I gave the minimum starting point. Clearly he will get much longer but how much impossible to say.

[TigerLady]

OK. Thanks.

[bednobs]

the sentence he may get will first be determined on whether or not he's found guilty. As we do not yet know that, it's impossible to speculate

[TigerLady]

The evidence is overwhelming. I suppose it's proving the intent bit. He was on drugs at the time and is saying he can't remember.

[New Judge]

Just a point of clarification – there is no such offence as “ABH with intent”. It’s ABH only.

From your description of events I’m not surprised the CPS declined a guilty plea to ABH. For comparison, the maximum sentence for ABH is five years whilst for S18 it is Life.

The “intent” may not be so hard to prove as you imagine. The fact that he was out of it and (allegedly) cannot remember what happened does not mean that at the time he did not intend to inflict serious harm on you.

Make sure you keep in touch with the Witness Support Service. You can also ask the CPS to request "Special Measures" for you to give your evidence (meaning either behind screens or via video link). Make sure you ask well in advance of the trial as an application has to be made to the court. Also get the CPS to take a "Victim Impact Statement" from you. In it you can describe the effects the assault has had upon you (both physical and mental). If your ex is convicted it will be put before the judge who will consider it when sentencing.

[New Judge]

Sorry. Just reading again you didn't say ABH with intent. You said Section 20 with intent. Section 20 is GBH without intent. Is that what you mean? In any case the maximum sentence is also 5 years.

[TigerLady]

I think it was section 20 unlawful wounding he tries to go guilty on. I have already been granted TV link so I don't have to enter the court room. Great advice. Thank you!