section 18

[trezmiffed]

my sister is in CrownCourt in October for Section 18 against her partner. Though he is known to the police for Domestic abuse against my sister in the past ths time however something inside her snapped & she stabbbed him, he then barracaded himself in the bedroom till the police arrived. His wound wasnt life threatening as he was released the following morning. She however was held for 48hours appearing before a magistrate the morning of her 3rd day, where she was told it would go to crown. Firstly will the fact there is a history of abuse from him to her be taken into consideration. Secondly, this is her first offence what kind of sentence could she be looking at?

[Buenchico]

(2 part post):

Firstly, your sister should ask her solicitor to arrange for a 'conference meeting', where both her solicitor and her barrister are present to advise her. (Far too many defendants never get to see their barrister until the day of their court appearance. There are some important legal considerations here, which need to be discussed as soon as possible).

The solicitor (and/or barrister) should be able to advise upon the possibility of getting the charge dropped from 'GBH with intent' to 'ABH'. Her partner's injuries would seem to a borderline case. See here for the definition of 'ABH':
http://www.cps.gov.uk/legal/l_to_o/offences_ag ainst_the_person/#P189_14382
Scroll down to read the definition of 'GBH'
Scroll down further to see what adds 'with intent' to a 'GBH' charge. (There's no such thing as 'ABH with intent').

'Section 18' is an exceptionally serious charge. It's akin to 'attempted murder', and carries the same maximum penalty of life imprisonment. (ABH, other than when racially aggravated, has a maximum penalty of 5 years imprisonment).

[Buenchico]

You need to read this document. The tables on pages 13 (Section 18, GBH with intent) and 17 (Section 47, ABH) are particularly relevant:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
The sentences shown in those tables refer to first-time offenders convicted after a trial. An early guilty plea can see a third knocked off those sentences. Judges are obliged to stick to those guideline sentences unless there are genuinely exceptional circumstances, which must be explained in open court.

It will be the barristers job to try to persuade the CPS to substitute an ABH charge (if appropriate) for the 'GBH with intent' one. (If he doesn't succeed with the CPS, he could then try to persuade the court to accept a guilty plea to the lesser charge). He'll then have to persuade the judge that the history of domestic abuse constitutes 'genuinely exceptional circumstances'. If he can do both your sister might well avoid custody. Otherwise she might be sentenced to around 2 years imprisonment (of which only half is actually spent 'inside').

Chris