what sentence is my freind likely to recieve

[dublinjoe]

my freind has just been charged with attempted murder, the solicitor is convinced it will be dropped to gbh, but he is unsure what section it will be ie 18 or 20 etc, the cirumstances are that he was beaten up by 3 guys and about an hour later he was in a car with his freind and saw one of his attackers, he confronted the man and they got into a fight, he kicked the person in the head a few times and was dragged off him by freinds, the person spent a week in hospital and was on a life support machine for a few days but is now released and making a good recovery, what sort of sentence is my freind facing? he also has no previous crimional record and is out on bail, really worried for him and solicitor says its too early to talk about possible sentences

[Buenchico]

Even the Crown Prosecution Service's own internal document admits that 'attempted murder' is a difficult allegation to sustain. See paragraph 71 of this document:
http://www.cps.gov.uk/legal/l_to_o/offences_ag ainst_the_person/

However that same document also makes it clear that kicking the victim's head is regarded as evidence of 'specific intent' to cause GBH (see paragraph 65), which means that Section 18 will be the appropriate charge, and not Section 20.

For a Section 18 conviction, where "the victim suffered life-threatening injury or particularly grave injury (where the offence was not pre-meditated)" a judge is obliged (unless there are genuinely exceptional circumstances, which he or she must explain in open court) to sentence a first time offender (who is found guilty after a trial) to between 7 and 10 years custody. (The judge has to work from a 'starting point' of 8 years imprisonment, and then move the sentence up or down, depending upon the circumstances).

However, a reduction of up to one third of that sentence can be given for an early guilty plea. The relevant document can be consulted here:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf

Based upon that, your friend is likely to be sentenced to around 5 years imprisonment. If so, he'll be released on licence after a minimum time 'inside' of 2 year 6 months (or a maximum of 3 years 4 months). Up until the end of the 5 year period he'll have to attend regular probation appointments (and take part in any courses which the Probation Service deem to be appropriate). He'll also have to comply with any licence conditions. (Those always include things like not tra

[Buenchico]

Grrr!
I hate it when AB cuts off the end of a post without warning!.

That post should have ended with:
(Those always include things like not travelling abroad but other, more specific, licence conditions might also be imposed).

Chris

[dublinjoe]

chris that was a great response thanks alot for your imput, its not looking too good for my freind all the same but it was a hell of alot more than his solicitor was able to tell him, is there any point in him putting in a counter claim against this fellafor the first attack or will it ultimately not make a difference to his sentence, what can he do in the meantime to help himself character references anger management classes etc, ps not sure about his solicitors competancy, whats the best way to find out if hes any good or to find a better one, is there even any point, the evidence against him is overwhelming, thanks again for your imput and i would appreciate the opinion of anyone else on the matter who feels differently

[Ice.Maiden]

Hi dublinjo. Chris (above) knows a lot more than me about subjects like this, but I don't see how your friend'd benefit from saying that he was attacked first, as it wasn't as if he defended himself and fought straight back. There was a time lapse between the first and second event, so this could be seen as a premeditated revenge attack, and therefore on a par with the first.

[Buenchico]

Forget the competence (or otherwise) of the solicitor. It's irrelevant. Both 'attempted murder' and 'GBH with intent' are 'indictable only' offences, which means that the case must be referred to the Crown Court, where your friend will be represented by a barrister. What your friend needs to do is to insist on a 'conference meeting', where both his solicitor and barrister will be present, to provide him with guidance. Far too many people never even get to meet their barrister until immediately before they're going into court (when it's rather late for the barrister to give much advice). Tell him to insist upon a meeting.

Also advise him to get as many character references as possible. They should be sent to his solicitor (or direct to his barrister) well before the case comes to court, in order that the barrister can decide which ones should be put before the court (or, if all of them are used, which ones should be placed on the top of the pile).

'Provocation' is one of the reasons that the judge can reduce the sentence, but it carries less weight when it's not immediate. (i.e. it will count for less because your friend had an hour to calm down' and report the original assault to the police). Your friend needs to get as much evidence as possible (e.g. witness statements) regarding the original assault.

Your friend should also take care that nothing he says suggests that he was actually looking for the victim, in order to assault him. (i.e. it's important that the court should believe that he only came upon the victim by chance). If the court believe that he was actually seeking the guy, the assault will be regarded as 'pre-meditated', which will add about 50% onto the sentence. (i.e. he could be sentenced to 7 or 8 years imprisonment).

Chris

[Ice.Maiden]

I was trying to suggest that, but Chris put it better than me.

[Buenchico]

I was typing while Ice.Maiden was posting but (as I hope I've explained) her points are extremely relevant.

'Self defence' is only a valid defence if it occurs immediately and the victim can't avoid further assault upon himself by, for example, simply running away. 'Provocation' carries more weight when the person, who is claiming to have been provoked, was still fuelled by the adrenalin of the attack upon himself. An hour later it carries much less weight and, if he's not careful in what he says, can make matters far worse if the second assault is regarded as 'premeditated'.

Chris

[alecmax689]

Surely provocation would only provide mitigation in the sentencing, it is not a general defence...