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like sentence for section 18, wounding
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A man approached my friend as we were walking home, I heard her say "get off me" or words to that effect. I went over & told him to leave her alone and get lost, he swung his arm back and caught me in the mouth. She shouted that I had been hit & my partner (a 46yr old grandfather) who was someway in front ran back and punched the man who fell to he ground (apparently fracturing his scull) and then he kicked him a few times in the body. Some of it was caught on cctv ( but not the assult on me) he was arrested and charged with sct 18, wounding. He has no previous, no weapon was used, he did not want this to happen, he was angry & protecting me and he is extremely remorseful and also pleading guily. His solicitor dosen't tell us much except that it will go to Crown Court and a custodial can be expected. we are worried sick, can anyone enlighten us please...many thanx
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Daffy, we r all so sorry for what happened and wish it had never occured, however, one must ask, if a man was bothering your partner inappropriately and then hit her, what would you have done. Who knows what would have happened to me & my friend had he not came to our defence, however, I do realise this looks terrible and I appreciate your comment.
I am female so it would be my partner who tried to protect me,not the other way around.
It isn't the fact that your partner came to your defence that is the problem,it is the fact that he continued to attack a man who was on the floor with a fractured skull. Once the man was incapacitated you and your group should have walked away and sought out a police officer.
It isn't the fact that your partner came to your defence that is the problem,it is the fact that he continued to attack a man who was on the floor with a fractured skull. Once the man was incapacitated you and your group should have walked away and sought out a police officer.
Start by reading up on the difference between 'Section 18' (GBH/Wounding with intent) and 'Section 20' (GBH/Wounding). It's explained on the Crown Prosecution Service's website:
http://www.cps.gov.uk...s_against_the_person/
Then see the sentencing guidelines which judges are obliged to follow unless there are very exceptional circumstances. They're available here:
http://www.sentencing...inst-the%20person.pdf
Note that the sentences shown in the tables in that document refer to first-time offenders convicted after a trial. Up to one third can be deducted from the sentence for an early guilty plea. Further note that the actual time spent 'inside' is normally half of the sentence.
Based upon that sentencing document (and assuming both that the charge remains as 'Section 18') a sentence of around 2 years imprisonment is likely. So that means a year in prison (or slightly less if a tagging scheme is applied).
Chris
http://www.cps.gov.uk...s_against_the_person/
Then see the sentencing guidelines which judges are obliged to follow unless there are very exceptional circumstances. They're available here:
http://www.sentencing...inst-the%20person.pdf
Note that the sentences shown in the tables in that document refer to first-time offenders convicted after a trial. Up to one third can be deducted from the sentence for an early guilty plea. Further note that the actual time spent 'inside' is normally half of the sentence.
Based upon that sentencing document (and assuming both that the charge remains as 'Section 18') a sentence of around 2 years imprisonment is likely. So that means a year in prison (or slightly less if a tagging scheme is applied).
Chris
Were you examined and the evidence of your injury recorded? Did your friend actually see you get hit? Otherwise it will be your word against his that you were hit at all. From what you say the original impact may not even have been intentional and therefore not an assault. If the words above were those used in your statement to describe the hit it will be very bad for your partner.
Just becuse you had been hit does not give him the right to hit the guy. Only if he was still in the act of attacking you could the punch be justified and then only after first demanding he stop and then attempting to restrain him in a less violent way.
Otherwise this was an act of retribution rather than reasonable force. Kicking him on the ground is clearly retribution and adds support to the victim's case. Either way your partner used unreasonable force by kicking him.
Your partner is in a lot of trouble. He will need very good character references to show it was not his typical behaviour. Evidence that he was under some kind of unusual psychological stress at the time may help. For example, some traumatic event in the past where he had been subjected to an assault or witnessed an assault (proof would be required). If so a psychiatric assessment showing this could have led to his outburst could be used as evidence for a reduced sentence.
Having said that I have no sympathy for violent behaviour. It will be a hard lesson for your partner.
Just becuse you had been hit does not give him the right to hit the guy. Only if he was still in the act of attacking you could the punch be justified and then only after first demanding he stop and then attempting to restrain him in a less violent way.
Otherwise this was an act of retribution rather than reasonable force. Kicking him on the ground is clearly retribution and adds support to the victim's case. Either way your partner used unreasonable force by kicking him.
Your partner is in a lot of trouble. He will need very good character references to show it was not his typical behaviour. Evidence that he was under some kind of unusual psychological stress at the time may help. For example, some traumatic event in the past where he had been subjected to an assault or witnessed an assault (proof would be required). If so a psychiatric assessment showing this could have led to his outburst could be used as evidence for a reduced sentence.
Having said that I have no sympathy for violent behaviour. It will be a hard lesson for your partner.
Bubbly2000: Your partner needs to confirm what offence he will be pleading guilty to (and why). On the facts you have disclosed I would suggest it would be an offence of Sec 20 Wounding etc so if you view the link on sentencing guildelines as posted by Buenchico you will get an indication. Also, as Buenchico states there is a 1/3rd sentence discount available for early plea's etc.
Out of interest, do any of you know the 'injured person' and what was the reason he initially approached your friend. Have any complaints been made to the police regarding his actions?.
Out of interest, do any of you know the 'injured person' and what was the reason he initially approached your friend. Have any complaints been made to the police regarding his actions?.
dh001. No, no one knew the man, we do not know why he approached my friend, we can only presume he was cracking on to her as he was right close up to her face and i distinctly heard her tell him to "get off" although I could not see anything as he had his back to me (she was waiting, while I caught up) The police asked if I wanted to see a Dr, I declined as I was very upset and wanted to get home, on hindsight, I realise I should have accepted. Later that week the police phoned me to ask if there were any witnesses, which there were not, they told me it would be difficult for me to prove so can't press charges as its his word against mine. My friend was quite drunk, (I was not), so not a crediable witness apparently. Looks like my partner will go to jail. We both bitterly regret going out that night and will accept any punishment given.
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