Gbh Without Intent Advice Please

[Coop1990]

Hello,

Just looking for some advice please.
No stupid comments I know it’s wrong.
Me and my husband was walking home from a party I was drunk, I walked behind a pizza delivery drivers car and he started shouting abuse at me. My husband asked what he said. Pizza delivery driver wound down his window. Made some comments to which my husband punched the guy in the face. He only punched him once and the pizza guy ended up with a broken nose and stitches to his eye brow.
My husband has been charged with GBH section 20 without intent. And is due to appear at magistrates court end of the month. My husband has not been in trouble with the law for over 10 years and has admitted what he has done.

[davebro]

If there is independent evidence of the verbal abuse you might plead provocation as a contributory cause of the assault. It won't affect the guilty/not guilty plea but may mitigate the sentence.

[Peter Pedant]

good girl coop
listen to NJ - he knows a lot about it

[yeah I thought going for crown court was a bit odd but I spent my years in a nationalised industry - so I kn ow nothing about this]

thanks NJ for advice

[Peter Pedant]

not knowing anything about this
I think it would be sensible if your husband does an anger management course

and you you naughty girl should NOT be winding up your hubby when you know he has form.

[douglas9401]

Anger management's a no-no, Peter, unless the removal of my earlier answer is just personal.

[Peter Pedant]

the only posts worth their salt are NJs

it was his job for a long time -

// Anger management's a no-no, Peter, unless the removal of my earlier answer is just personal.// joke coming up - no - bad law is NOT a reason for deletion or - - - or - - the law thread would be an EMPTY thread ! haw haw haw. - xc for NJ and Barmaid - and the late lamented Fred Puli

Hit and miss deletion - god knows. happens a lot in genetics. when I welcomed back the French series Spiral ( 'engrenages' en francais ; ) in French of course, it went darn da toob. the ed thought it was er member enlargement.

Hey didja see - the att-gen has referred PC harpers assailants sentences to the ( requisite authorities ) appeal ct - as unduly lenient.
I thought perverse jury verdict was a bit - - - sporting

[Coop1990]

Hello,

So we had magistrates court yesterday, we was in and out within 10 minutes and its to serious to be dealt with, so has been transferred to crown court within 28 days. The issue we have is my husband is not entitled legal aid. Please help x

[barry1010]

Why has he been refused legal aid?

[Coop1990]

apparently he earns to much he only takes home £1500 per month

[barry1010]

Is he pleading not guilty? If so, you will have to hire a solicitor and barrister

[Barmaid]

If he cannot afford to pay upfront his best bet is probably a large firm of lawyers who specialise in criminal who will probably be able to do this on credit (they will set up a form of credit agreement with regular monthly payments).

You could go to a direct access barrister, but the problem with that is that they will want paying upfront and will not allow your husband to run up a large fees debt.

[New Judge]

I must say I am very surprised (based on what you’ve told us). Have a look at the guidelines:

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/inflicting-grievous-bodily-harm-unlawful-wounding/

Whilst it’s true that an offence considered to be in Category 3 of seriousness (the least serious) could be deemed suitable for the Crown Court (because the guidance goes up to 51 weeks custody which is beyond the Magistrates’ powers), it would be unusual. As you can also see, to be seen as a Category 2 or 1 offence serious injury must normally be present. The Magistrates must have believed the injuries to be more serious than I imagined.

What you must bear in mind is that the Magistrates believed the offence warrants a sentence beyond their sentencing powers (which is 26 weeks custody). There is no guarantee a judge will see it that way and in any event if a custodial sentence is imposed a suspended sentence may be a strong likelihood in view of the fact he has not been in trouble for some time.

[Coop1990]

Hello Judge,

The mans solicitor gave wrong information said it was 2 males. i was there with my husband, the man has said it was only 1 punch though. at first he said multiple punches. his solicitor said cat 2

[New Judge]

//...his solicitor said cat 2//

Then that's why it's gone to Crown Court. The "Starting Point" for a Category 2 offence is 18 months custody and the "Range" of sentencing is between one and three years.

It is always difficult to assess the likely sentence from a brief description of events. Presumably you have attended court with your husband so will know that a lot of information is provided to the Magistrates in order for them to reach a decision.