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GBH With Intent
Last yr I was out with friends in a bar!! When it was over I came out to get a taxi with a friend when a crowd of girls started shouting abuse at my friend!
i was ahead of my friend at this point and as i turned around one of the girls had her by the hair! (there was around 4 or 5 of them) i then went to get this girl off my friend (I did not hit or attack the girl) I put my hand on her shoulder to try and pull her off!! another one of the girls then attacked me and i ended up in a fight with her whilst trying to defend myself!! I ended up on the ground with 4 of them on top of me!!
One of the girls was stamping on my head with stilletto heels on her feet. After that I blanked out. I then woke up in intensive care. I had severe head and facial injuries. I was off work for 7 months and I am on anti-depressants and attending counselling and my doctor regularly due to this assault. I also suffer panic attacks when I am out.
the police were called to the scene and the girl was arrested.
I have a good number of eye witnesses, DNA forensics connecting the girl to my assault.
She is being charged with GBH with intent.
This Girl has recently had a baby. will this affect her sentence and what could be the outcome?
i was ahead of my friend at this point and as i turned around one of the girls had her by the hair! (there was around 4 or 5 of them) i then went to get this girl off my friend (I did not hit or attack the girl) I put my hand on her shoulder to try and pull her off!! another one of the girls then attacked me and i ended up in a fight with her whilst trying to defend myself!! I ended up on the ground with 4 of them on top of me!!
One of the girls was stamping on my head with stilletto heels on her feet. After that I blanked out. I then woke up in intensive care. I had severe head and facial injuries. I was off work for 7 months and I am on anti-depressants and attending counselling and my doctor regularly due to this assault. I also suffer panic attacks when I am out.
the police were called to the scene and the girl was arrested.
I have a good number of eye witnesses, DNA forensics connecting the girl to my assault.
She is being charged with GBH with intent.
This Girl has recently had a baby. will this affect her sentence and what could be the outcome?
Answers
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The sentences referred to below apply to first-time offenders convicted after a trial. An early guilty plea can lead to a reduction of one third in the sentence. Previous convictions can push the sentences higher. Judges are obliged to stick to these sentences unless there are genuinely exceptional circumstances, which must be explained in open court.
GBH with intent is a very serious charge, which is close to 'attempted murder', and carries the same maximum penalty of life imprisonment. For the lowest level of assaults which justify such a charge (i.e. where there was no premeditation, no weapon was used and the injuries were not life-threatening, very serious or causing permanent disfigurement) the 'starting point' sentence is 4 years imprisonment; the judge is allowed to pass a sentence within the range of 3 to 5 years.
But stamping on your head (while wearing stilettos) will be regarded as 'using a weapon'. That moves the starting point to 5 years, with a range of 4 to 6 years.
Further, if the court regards your injuries as 'particularly grave', the starting point is then 8 years, with a range of 7 to 10 years.
With a good barrister, and an early guilty plea, your attacker might get a sentence of '4 years minus a third' = 2 years 8 months (of which 1 year 4 months would normally be spent 'inside'). But a sentence closer to 4 years is probably more likely.
It's not impossible that, in the interests of the child, the court might impose a non-custodial sentence but I'd regard that as extremely unlikely. I'd expect the offender to be 'out of circulation' for at least a couple of years.
Chris
GBH with intent is a very serious charge, which is close to 'attempted murder', and carries the same maximum penalty of life imprisonment. For the lowest level of assaults which justify such a charge (i.e. where there was no premeditation, no weapon was used and the injuries were not life-threatening, very serious or causing permanent disfigurement) the 'starting point' sentence is 4 years imprisonment; the judge is allowed to pass a sentence within the range of 3 to 5 years.
But stamping on your head (while wearing stilettos) will be regarded as 'using a weapon'. That moves the starting point to 5 years, with a range of 4 to 6 years.
Further, if the court regards your injuries as 'particularly grave', the starting point is then 8 years, with a range of 7 to 10 years.
With a good barrister, and an early guilty plea, your attacker might get a sentence of '4 years minus a third' = 2 years 8 months (of which 1 year 4 months would normally be spent 'inside'). But a sentence closer to 4 years is probably more likely.
It's not impossible that, in the interests of the child, the court might impose a non-custodial sentence but I'd regard that as extremely unlikely. I'd expect the offender to be 'out of circulation' for at least a couple of years.
Chris
im 99.9% sure she will do atleast 9 months inside and thats me been fair and taking into account she has a new born child and her first offence, like someones stated she not oinly attacked you in a group but stamped on you a number of times and rightly said her using stilettos will be classed as a weapon, you lucky you are alive..... to be fair a punch or just a kick is one thing but to put someone to the ground with a group of people and to stamp on you with the intetion of not letting you up and the case of inflicting you serious harm id make sure she got 2 years atleast ........get a good barrister and you will get this 2 year term also go to your doctors and say you carnt sleep and that you are frightend to leave your house play on it i would ........think you have the right to , english law isnt the best and some times you have to do things like this so it plays in your favour more.... hope i helped
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