Quizzes & Puzzles1 min ago
Sentence for Section 18 charge?
My boyfriend last year worked for a well known bank and was bullied and constantly criticised by his manager.
At the works christmas night out my boyfriend got extremly drunk and after repeated taunting from his manager punched him with a pint glass in his hand.He says he was so drunk he didn't realise the glass was in his hand He was told to leave the club but the bouncer than ran after him and said the police were on the way because the guy had been hurt. His face had been badly cut by the glass.
My boyfriend deeply regrets what happened, he is suffering from depression having lost his job and many of his close friends. He hasn't touched alcohol since. But I know that doesn't make what he did any better.
My boyfiend was bailed and then re-bailed again. He went to the police station last friday and is going to court on tuesday under section 18. What sentence is he looking at?
At the works christmas night out my boyfriend got extremly drunk and after repeated taunting from his manager punched him with a pint glass in his hand.He says he was so drunk he didn't realise the glass was in his hand He was told to leave the club but the bouncer than ran after him and said the police were on the way because the guy had been hurt. His face had been badly cut by the glass.
My boyfriend deeply regrets what happened, he is suffering from depression having lost his job and many of his close friends. He hasn't touched alcohol since. But I know that doesn't make what he did any better.
My boyfiend was bailed and then re-bailed again. He went to the police station last friday and is going to court on tuesday under section 18. What sentence is he looking at?
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(2-part post):
From the website of the Sentencing Guidelines Council:
"A sentence of 3 years� imprisonment should be regarded as a normal sentence for a deliberate wounding in which a broken glass or bottle is used as a weapon, in the absence of exceptional circumstances, even where there is a plea of guilty"
http://www.sentencing-guidelines.gov.uk/guidel ines/other/courtappeal/default.asp?T=Cases&cat ID=3&subject=WOUNDING%20/%20CAUSING%20GRIEVOUS %20BODILY%20HARM%20WITH%20INTENT
However, there are a large number of factors which can influence the sentencing of offenders convicted of GBH with intent. This link is to a consultation document, produced by the Sentencing Guidelines Council, but it's likely that it largely reflects existing sentencing practice:
http://www.sentencing-guidelines.gov.uk/docs/A ssaultandotheroffences%20Consultationguideline FINAL-2007-06-21-JS.pdf
From the website of the Sentencing Guidelines Council:
"A sentence of 3 years� imprisonment should be regarded as a normal sentence for a deliberate wounding in which a broken glass or bottle is used as a weapon, in the absence of exceptional circumstances, even where there is a plea of guilty"
http://www.sentencing-guidelines.gov.uk/guidel ines/other/courtappeal/default.asp?T=Cases&cat ID=3&subject=WOUNDING%20/%20CAUSING%20GRIEVOUS %20BODILY%20HARM%20WITH%20INTENT
However, there are a large number of factors which can influence the sentencing of offenders convicted of GBH with intent. This link is to a consultation document, produced by the Sentencing Guidelines Council, but it's likely that it largely reflects existing sentencing practice:
http://www.sentencing-guidelines.gov.uk/docs/A ssaultandotheroffences%20Consultationguideline FINAL-2007-06-21-JS.pdf
If your boyfriend's court appearance will be his first one, it will probably just be a magistrates' court hearing, which will refer the case to the Crown court. There will then be another delay before the 'plea and directions' hearing at the Crown Court. (There might well be a preliminary hearing first). Then it's likely that the court will be adjourned for reports to be compiled. Your boyfriend probably won't actually be sentenced for several months yet. He's likely to remain on bail until at least the 'plea and directions' hearing. However, once he's pleaded guilty he might be sent to prison 'on judge's remand' while the reports are compiled. (That's not certain. He might still be bailed until the sentencing hearing).
Section 18 assaults are regarded as very serious offences. They're only one step lower than 'attempted murder' and the maximum penalty is life imprisonment. So very few offenders avoid prison. (Some do, but I wouldn't want to get your hopes up too much). Your boyfriend's barrister might well be able to persuade the court to impose a lower sentence than the 3 years referred to above. I'd guess at a sentence of between 12 and 18 months imprisonment, of which only half is actually served in prison.
Chris
Section 18 assaults are regarded as very serious offences. They're only one step lower than 'attempted murder' and the maximum penalty is life imprisonment. So very few offenders avoid prison. (Some do, but I wouldn't want to get your hopes up too much). Your boyfriend's barrister might well be able to persuade the court to impose a lower sentence than the 3 years referred to above. I'd guess at a sentence of between 12 and 18 months imprisonment, of which only half is actually served in prison.
Chris
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