GBH with intent

[sschalkley]

My boyfriend has been arrested for GBH with intent. He had a fight at the weekend with one other person who he hit in the face with his fist causing him to have a black eye and a cut also during the scuffle he broke a finger. The other person is saying that he hit him 15-20 times in the back of the head which he didnt and the police are getting statements from other people which will say he didnt. He has been bailed until the 28 Jan. What will his likley sentance be and also isnt GBH with intent the wrong charge.

[New Judge]

As enquiries seem to be still in progress, presumably he's not been charged with anything yet and has been bailed to return to the nick (not to appear in court).

He may have been arrested on suspicion of causing GBH, but the purpose of the police enquiries is to try to establish the facts and prepare a file for the CPS, who will decide what, if any, charges should be brought.

Best to wait until then.

[Skreecheeboy]

The Police always try to charge you with the worst possible attrocity the evidence could point to. He'll probably get done with a breach of the peace if it was a 2 way fight and not just him battering somebody for no reason.

[spaced]

it also boils down to who hit who first? Was it self defense? If you bloke hit out first, was it because he felt threatened or was about to be attacked? What the fight was about? So many factors.

[seatrout]

The CPS will decide on the level of charge when all enquiries have been completed. If there is a realistic prospect of conviction he will be charged. The level of charge will be determined by the evidence available and the injuries

[Buenchico]

The Crown Prosecution Service website defines ABH (which might well be the relevant charge) here:
http://www.cps.gov.uk/legal/section5/chapter_c .html#09

Scroll down to the next two sections, on that page, to view the definitions of GBH, and GBH with intent.

If your boyfriend's account of events is accepted by the police (or CPS, or court, depending upon how far things get before the offence is classed as ABH), he'll probably get a non-custodial sentence such as 100 hours unpaid work. That, of course, assumes that he hasn't got a string of previous convictions for violence. (If so, or if the court decided that the matter was rather more serious than described, but still ABH, a sentence of 6 months imprisonment might be imposed).

If the police and CPS believe that there is sufficient evidence to secure a conviction for GBH with intent, and a jury convicts your boyfriend, a custodial sentence would seem to be inevitable. (The maximum sentence for GBH with intent is life imprisonment, although your boyfriend would probably receive a sentence of between 2 and 4 years).

Chris

[joffwatts]

your jumping the gun a bit here....

[busta233]

My son was charged with sct18 and it was dropped to sct47.

I really don't want to put a downer on this, but my son was arrested for EXACTLY the same thing and is now serving 30 months in prison. Him and bloke had a fight outside a pub. My son blacked his eye and bust his nose. My son went home and went to bed with his mrs and a week later was arrested. Firstly the lad said Ste had hit him with a knuckle duster outside the pub, then over the head 20 times with a chair leg in a friends house (were were the firends - no witnesses), then he changed it again to being hit twice in the face with a brick in the garden of the house. My son went no comment because he was told to and got 30 months. They couldn't bring his girlfriend forward has a witness because he had gone no comment and they didn't take any forensics or find any weapon from the scene.

At court - all it was, was this lads word against my sons. My son has a previous conviction and so does this other lad, but only my sons was brought up. This and a no comment on tape sent him to prison for 30 mths.

[busta233]

Apparently afterward there were two witnesses who have come forward saying that it was not my son and that this lad had been aggravating and threatening my son for some time (breaking the rear windscreen of his car). They did have a scuffle outside the pub (not a proper fight) but nobody wants to know now that now - they have got their conviction - and to be honest it is all about figures. The barrister said to me - we could appeal but he will be home before it goees to court.

[xxamylouisex]

heya! My partner is going through the same thing, but he broke the blokes eye socket, nose and jaw, the bloke had to have surgery and it all happened in ma home. my parner ansews bail on 12th december, im really scared for the out come. ma partners solicitor has told him that he could possibly be looking at a min of 5 years if it goes to crown court. every one who has giving a statment have said that my partner never hit him so im hoping for god that he dont get sent down.

[busta233]

to amy lou - what section is he being charged with -section 47 or 18.

[hussy]

make sure he goes back to the police station with his solicitor if he is telling the truth take it straight to crown court. if you keep it at the magistrates court plead guilty to abh.

[busta233]

No GBH with intent isn't the wrong charge because this lad says that he hit him with an object, so thats were the intent comes into it. If reports prove that his injuries could have been made with an object then the sct 18 GBH will stay, if not then they will lower the charge to either sct20 GBH (without intent) or sct 47 ABH. These carry a lesser sentence. On sct18 GBH he could get anything up to 8 years (possibly 3/12 years). On sct20 GBH and sct47 ABH holds a max of 5 years, but he will poss get 18mths. This all depends on probation reports and whether he as previous

[sschalkley]

Thanks for all your replys. Just wanted to ask another question, a police officer came over to my house yesterday unannounced and was asking me questions about an incident that happened to me which resulted in the above. He told me it would help my fiances defence and i told him a rough account of what happened. This morning my fiances solicitor has said that i have basically put the nail in his coffin as it would'nt help his defence and gives a cause to the event. Can a police officer just turn up and lie to get information, i wouldnt of said anything if i new it would help him to get a conviction. Feel really waful about it!

[busta233]

Sorry but your solicitor is right. The police will say that the incident with you gave your fiance a reason for doing what he did. As for letting the police in, it is their word against yours and they will more than likely believe the police rather than you. See legal advice on this matter and see if you can put a grievance in against the officer concerned (before the case goes to court), then the officer may not be able to use your evidence.

This may help but it isn't a definate. Hope it does.