Advice on sentencing for GBH with intent

[emalijay]

Could anyone please tell me the likelihood of a lengthy custodial sentence for the following charges? GBH with intent (taking a knife from home, travelling in a car a short distance, stabbing someone twice in the back then returning home), resisting arrest, assaulting a police officer and drink driving. The victim required minor treatment at hospital. The perpetrator is pleading guilty to the GBH with intent and is appearing in a magistrate's court in Dec but also has hearing scheduled in the New Year at the Crown Court. It's a first offence and although initially remanded in custody in prison was bailed 4 days later. This person lost custody of their kids 3 days prior to the offence being committed (the victim was not the person who was awarded custody so is unrelated to that). If the perpetrator pleads guilty, has no previous offences and is seeking help for their alcohol abuse, will this mean they get a reduced sentence? They are not remorseful of their crime though will say they are in court of course. Any guidelines on likely sentencing would be appreciated, in relation to the GBH offence.

[bednobs]

see the post 3 below yours
http://www.theanswerb...w/Question955629.html

[Buenchico]

For "Pre-meditated wounding or GBH involving the use of a weapon acquired prior to the offence and carried to the scene with specific intent to injure the victim (but not resulting in a life threatening injury or particularly grave injury)" judges are required to work from a 'starting point' sentence of 8 years imprisonment and, after considering all of the relevant circumstances, actually pass a sentence of between 7 and 10 years. (A judge can only pass a sentence outside of those guidelines if there are genuinely exceptional circumstances, which he/she must explain in open court).

However those sentences refer to a first time offender convicted after a trial. An early guilty plea can see the sentence cut by one third. Further, the actual time spent in prison is usually only half of the nominal sentence.

So, based upon your description of the offence, I'd guess at a sentence of around 7½ years, reduced by one third to 5 years, with 2½ years actually being spent 'inside'.

It's likely that sentencing for the other offences would be concurrent, and so can effectively be ignored.

However I note that you state that "The victim required minor treatment at hospital". If that's the case, the offender should seek legal advice as to whether it might be possible to get the charge reduced to ABH. Read through paragraphs 45 to 58 here, to see the difference between ABH and GBH. (If GBH is appropriate the premeditation involved will almost automatically add 'with intent' to the charge but there's no such charge as 'ABH with intent'):
http://www.cps.gov.uk...he_person/#P189_14382

For confirmation of the sentencing guidelines I've cited, see page 13 here. (See page 17 for ABH sentencing):
18:32 Mon 08th Nov 2010

[Buenchico]

Oops!

The link has been cut off:
http://tinyurl.com/29f8856

Chris

[emalijay]

Many thanks for the detailed information, I'm reassured to know that is is likely the perpatrator will receive a custodial sentence of at least 2 years. I'm a little alarmed that they can try for an ABH charge instead of GBH with intent and unsure if that can still happen despite the person pleading guilty to GBH with intent already. I hope not.

[fredpuli47]

There are two forms of s18. The section begins :" Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause grievous bodily harm..[.with intent to do some grievous bodily harm].

Only s 18 'gbh with intent' requires the prosecution to prove that the accused caused a really serious injury.s18 wounding does not.

This person should be indicted for s18 wounding with intent. The extent and nature of the wound is immaterial; it need not be serious at all; providing the intent to cause gbh is there. Anyone who stabs someone twice in the back with a knife is, prima facie,
committing s 18 wounding for which the maximum sentence is life imprisonment.

[emalijay]

Thank you very much to all who gave advice so clearly and concisely. Less than a month before the perpetrator appears in court now so all will become clear soon, thank goodness.