What Charge / Sentencing

[Annonymous123]

Hi, Recently my brother has been bailed for an alleged assault, these are the circumstances:

Currently no complaint from victim
Victim has had a operation on a detatched retina / fractured eye socket or both
Victim provercated the assault by spitting at him
He didn't leave the area and awaited for police
He has previous mental health issues
Previous good character, no more than petty police record
On strong pain killers which has resulted in minor blackouts
Recently lost his job because of multiple operations
Awaiting further operations
Seeking anger management
Was abused as a child and has only recently admitted to him self it wasnt his fault
Struggling with debt since losing his job with very little income only coming from his partner

[FredPuli43]

It's at least gbh contrary to section 20 Offences against the Person Act, 1861.It may be charged as s18, gbh with intent to cause gbh (grievous bodily harm) The sentence depends on which section the assailant is convicted of, but it's jail in either case, the s18 being far more serious.

[Annonymous123]

Even with mitigating circumstances, he is currently seeing someone with regards to mental health, they are looking at the possibility of bi-polar, would he still be sent to jail?

[FredPuli43]

The very lowest culpability and seriousness for s20 is a high level of community service (the alternative to 51 weeks imprisonment) The middle range, which is at least this one, in the absence of very strong mitigating factors, is typically 18 months (range 1 to 3 years). A severe one is typically 2 1/2 years.

s18, typically it's 4 years, but a severe, serious assault, such as a grave premeditated one with some weapon, s18 is 12 years or more (the maximum is life)

[ummmm]

I can't see any of that being taken into consideration.

I'm sure the prisons are full of people who have been abused, have mental health issues, debts and who have under gone operations.

Having a petty police record means he's not of previous good character. Previous good character is having no criminal record.

[Annonymous123]

No weapons used, he was struck once maybe twice, they were both grabbling and my brother hit him in face apparently, he remembers it starting and remembers after with the police however the middle is a blur.

[ummmm]

Had he been drinking?

[FredPuli43]

Crossed post, typing while you were sending yours.
Mental health? It's no consolation if you're attacked by a mentally ill person. If he's seriously mentally ill, he'll be made subject to a hospital order because he's a danger and shouldn't be free to attack people. If his mental state is merely that he is disposed to lose his temper or attack people on slight provocation or the like reason, that makes no difference; he will be sentenced without regard to that.

[Annonymous123]

Yes, however the police has said he wasnt in a drunken state, he waited for the police as he felt guilty to what he had apparently done, he is on medication which has a side affect of black outs also. it is completely out of character for him, since losing his job everything has gone down hill, a few weeks ago the police found him sat on a railway bridge crying (not been drinking) this is at the point he admitted he was abused as a child. would the crown not look at these reasons and his assessments by mental health workers?

[FredPuli43]

And drink, if a factor, makes it worse, if anything, not better, for the accused. A drunken intent is still an intent, so arguing that he wouldn't have done it sober doesn't help.

[jake-the-peg]

in that list I would have thought the mitigating factors were:

provocation
no attempt to flee the scene
Seeking anger management

Now there may also be aggravating ones we're not aware of as alluded to above

Premeditation ?
Use of a weapon ?
Was the provocation really entirely the other person ? I find it hard to believe the victim spat at your brother for no reason at all.

Of course the big one is whether your brother intends to plead guilty and whether he's going to do so early on


I think if you want an accurate answer you'll have to give a bit more of a 'warts and all' explanation - If you just present the good then you may get the answer you want to hear but you may then be disappointed when the actual case happens.

[Annonymous123]

Thats the thing, up til recently he wouldn't of done anything like it, he has had a complete change in person since all the circumstance above all came into place within the space of a few months.

The CCTV is inclonclusive and shows that there is a grabble, i have been adviced that the detatched retina may or may not of been because of the punch, it could of been by a random elbow, as there was 5-6 people trying to split it up.

[Annonymous123]

He was stood in the toilet when there was that awkward silence between two males having a pee, my brother initiated conversation with words of something to "its been a crap night aint it" the victim then turned to him with his penis in his hand and urinated towards him (my brother has said he accepts this was the lad being drunk and unaware of what he did) he told the victim to "move the F*** away" to which he was spat at, he then grabbled with the male falling through the door, at this time door staff tried interfiening, they both attempted to throw punches, my brother landed one, there was no intent to cause serious injury he says it was more to get him away from him as he was trying to punch him also.

[jake-the-peg]

Well that sounds at the lower end of the spectrum then.

Obviously he'll want a good lawyer who can advise him with respect to more detail of this but I'd expect him to plead guilty to an appropriate charge.

If he tries to plead not guilty on a supposed self defense grounds I suspect he'd lose and lose the chance to a sentence reduction for an early guilty plea.

Here's the refence to how these things are worked out ( I think this is relevant to Fred's second post)

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/assault_occasioning_actual_bodily_harm/

It sounds rather like a category two which had a starting point of 26 weeks custody.

He might get away without a custodial sentence but it will be a close thing I suspect