gbh with intent

[steph.lll]

My brother recently helped his girlfriends pregnant sister leave a voilent relationship he also took her to the police as she feared for her safety. Shortly after this my brother recieved alot of threating calls from the voilent boyfriend even threating to kill my brothers new born babie on an answer phone message. A few days after this my brother was visiting a friend (who unfortunatly is well known in the area especially to th police) as my brother and his friend left the property they was approached and attacked by the voilent boyfriend and his friend who had travelled over 50 miles to confront my brother both men had weapons one of which was a large knife my brothers friend over powered the man in a struggle and took the knife off the voilent off the man and stabbed him several times my brother was also seen kicking the stabbed man when he fell on the floor. The voilent boyfriend then ran off and shortly after called he police and has created a web of lies claiming my brother attacked him and all weapons belonged to my brother and even claiming my brother had a gun which is ridiculous. After a police search all that was uncovered was an old legal plastic bb gun with no ones prints on it. in my brothers friends property. my brother handed himself in the next day and gave the police his phone for evidence. These men are both now in witness protection and my brother and his friend are both in prison on remmand denied bail 3 times and are charged with gbh with intent, carrying a bladed artical and a firearms charge the girlfriend of the voilent man is too scared to stand as witness for my brother and unbeileivably says she feels torn between the two sides and wont get involved even though my brother is in there for trying to help her out Can you see any light in this situation for my brother?and if not how long approximatly will he be setenced for? any advise appreciated

[Buenchico]

If your brother is convicted, here's the document that the judge will refer to when determining sentence:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf

Take a look at the table on Page 13. That shows the sentencing guidelines for a first-time offender convicted after a trial. You can knock a bit off the sentences for an early guilty plea but previous convictions (plus the possibility of futher convictions on the 'bladed article' or firearms charges) will work the other way.

If the court accepts that your brother grabbed the knife from the victim (and returns a 'not guilty' verdict in respect of the firearms offence), the sentence might be around 5 years imprisonment. However, if the court believes that your brother armed himself with the knife, for the pupose of attacking the victim (and finds him guilty of the firearms offence), he's facing 8 to 10 years imprisonment.

Chris

[steph.lll]

Thank you for your advice. It was my brothers friend that actually stabbed the man the only thing my brother did was kick him when he was on the floor so his solictor is recommending he pleads not guilty and his friend is pleading guilty as he did the stabbing do you think there is a possibility of the gbh with intent charge being dropped on my brother?

[Buenchico]

(2-part post):

I recommend that your brother insists upon his solicitor arranging a conference with his barrister. In far too many cases, defendants don't actually meet their barrister before they appear in court. This means that the barrister only gets to hear about the events which took place via the brief submitted to him by the solicitor. It would be much better if the barrister could hear your brother's account of events first hand, so that he knows what your brother is likely to say in court and can then give a better recommendation as to what plea should be submitted to the court.

The barrister will need to consider whether the law relating to 'joint criminal enterprise' is applicable here. I'll try to explain that by analogy: Suppose that two men, Alf and Bert, decide to rob a bank. Things go wrong and Alf shoots a member of the bank's staff, who dies from his wounds. Bert didn't fire a shot. In fact, he's never even held a gun in his hand, throughout his entire life. However, the law regards both men guilty of murder, because the death came about as a result of their 'joint enterprise'.

Your brother's barrister would need to consider whether, because your brother was jointly involved in the assault, he is legally guilty of stabbing the victim, even though he never touched the knife. (If so, the only sensible plea would have to be 'guilty').

[Buenchico]

If the barrister thinks it likely that the court will not consider the rules on 'joint criminal enterprise' to be appropriate, then the injuries inflicted by your brother can be separated from the actions of the guy with the knife. In which case, he's need to consider whether:
(a) the injuries inflicted by your brother were serious enough to constitute 'GBH' ; and
(b) if so, whether your brother's actions fell within the definition of 'with intent', which makes the GBH charge far more serious.

Paragraphs 45 to 49, here, show the definition of 'ABH' (which the barrister might seek to show is a more appropriate charge). Paragraphs 50 to 58 define the type of injuries for which a GBH charge is appropriate. Paragraphs 59 to 67 indicate the circumstances which give rise to 'with intent' being added to the charge:
http://www.cps.gov.uk/legal/l_to_o/offences_ag ainst_the_person/#P189_14382

Chris

[steph.lll]

Thank you soo much for your help i will certainly recommend that to my brother right away and push to arrange meeting with barrister thanks again