gbh

[barclayboy]

my mate recently pleaded guilty for abh but is being sentence for gbh and is due for sentencing in a months time, how long do you think hes looking at inside baring in mind the person he attacked was 15 and he was 18?

[NORMANTHEDOG]

he cant be sentenced for gbh,if he has only pleaded guilty to abh,as for how long he will get is based on his previous convictions,what sort of attack it was,any weapons,various things,by the sound of it,hes not the sort of mate you need,or are you the same.

[Scotters]

Norman- my best friend works for HM Prison Service and YET AGAIN your information is incorrect. There are three levels of assualt discounting Section 40s etc- common asssault, ABH and GBH. You can have a charge risen to GBH based on the severity of the action. Based on the fact that the victim was a minor (something you have failed to pick up on!) I would imagine if it isn't a first offence the assailant could be looking at a two year sentence. It really concerns me that clearly your information lacks any authenticity on such an important subject.

[pauln90]

I would assume that the person involved was charged with the more serious offence of GBH and that despite a plea to ABH this was rejected and he was convicted of GBH.

I would think that this is what Norman is thinking.

Length of sentence will depend on the circumstances/mitigating circumstances etc

As for Scotters friend well perphaps he would do well to stick to his day job.

If you refer to the Offences Against the Person Act 1861and several later Criminal Justice Act amendments you will find that there are far more than three categories of assault.

[NORMANTHEDOG]

scotters,as you put it,your the one who hasent got a clue,what the hell does a prison employee know about law,all i said was if he pleade guilty to abh he cant be sentenced for gbh,but if as pauln90 said that was rejected and he was found guilty of gbh then thats a totally different thing,and as paul says again,there are a lot more levels of gbh then 3 as you state,so i think i know a little bit more about it then y

[Scotters]

DEAR PAUL & NORMANTHE DOG: What does my friend know? He's a Govener in the HM Prison Service with a Degree in Criminology with 5 years on the Advisory Council at the British Society Of Criminology. This means he deals directly with criminals everyday and posseses all their legal details, in order to process them. So, in short he knows more than you two. Who runs this site? Its littered with incompetant idiots.

Paul: Your comments literally made no sense at all. What do you do for a living? Professional lunatic?

Just stop trying to create importance for yourselves and leave these people alone.

[Ethel]

Scotters, as you have learned friends in such very high places why did you not ask them about the possibility of an appeal against your recent motoring conviction?

[NORMANTHEDOG]

ethel,dont waste your time with this complete idiot,and by the way if you received a email from him keep them and we can forward them on.

[Scotters]

Well unlike you two he doesn't pretend to know about areas outside his knowlege. If you'd read the comments properly you would have picked up the fact that he deals with prisoners and therefore his area of experience would be jailable offences GUESS WHAT you can't be jailed for Due care and attention. Guys really, do everyone a favor don't give people advice and Norman you should be kicked off this site for your biggotted homosexual comments:
I mean are these the words of someone we want to take advice from?

NORMANTHEDOG
Thurs 24/05/07
17:54 by the sound of your name,both of you are male,dont expect him to be faithful to you while hes away,he will have a field day.find yourself a nice partner and forget about him,it will all end in tears,bigboy.sorry i mean hotboy

[chompu]

Scotters. Why are you having a go at Paul when he has given a very reasonable and factual answer to a question that lacks sufficient information.
He and Norman are quite right a charge of abh can't be upgraded to gbh for sentencing. Which leaves the possible and likely explanation that the offender was willing to plead guilty to an abh charge but the court wouldn't except it.
There are two types of gbh in the Offences against the Person Act 1861, section 20 where the seriousness of the injuries weren't premeditated maximum sentence 14 years. Secondly S.18 where there was intent to inflict gbh, sentence life imprisonment.
To guess at 2 years is nothing more than a wild shot in the dark . I wouldn't guess even if I had all the relevant information missing from the question i.e circumstances of assault, was a weapon used, any previous convictions etc.
The fact that the victim was 15 has little bearing.

[Yorkie580]

Barclayboy... without more specific details it's difficult to say. The fact he tried to plead to a lesser charge, but was found guilty of a more serious one may going against him, although the fact that he has admitted his involvement may go in his favour. There are a number of factors that will be taken into account such as the circumstances of the assault, his previous history etc. Sorry I can't be more specific.

[Yorkie580]

Oh, and chompu and paul are spot on...

The legal definition of assault:

An assault is any act intentionally or recklessly causing the victim to apprehend immediate and unlawful personal injury or violence.

Words alone will never amount to an assault. If violence is threatened, there must be the ability to carry out the threat at the time. It should be noted that an assault does not have to involve an actual application of force, which would be a battery. An assault may involve a threat alone.

There are a great number of different types of assault, not just the 3 commonly known ones of common assault, abh and gbh. For one thing the intent involved and the actual force used will determine different charges for each of those, and there are many, many more types of assault than have been listed. Just a few of the many offences that would be viewed as assaults in legal terms would be...

Assault with Intent to resist arrest
Racially aggravated common assault
racially aggravated assault by beating
battery
assault court security officer
actual bodily harm
religiously aggravated abh
racially aggravated abh
genital mutilation
assault a constable
assault a person assisting a constable
assault a traffic officer
assault member of a joint investigation team
willfully neglect a person
wounding/causing GBH with intent
unlawful & malicious wounding/GBH
actual bodily harm
common assault
threats to kill
infanticide
child destruction
cause bodily harm by racing a vehicle
set animal to attack
resist/obstruct prisoner custody officer
tattoo person under 18
murder
manslughter
attempt to choke
administer poison to injure... the list goes on and on.

[wotalife]

my ex has pleaded not guitly to assault