GBH with intent

[Stephee]

In sept this year my boyfriend (who is no longer0 kicked me in the stomach so hard that my duodenum hit my vertabrae and perforated it causing bile and blood floating around in my stomach. I was in hospital for 8 nights having a 4 hour operation to repair the duodenum! He has been on remand until yesterday (16/12/08) and is still pleading not guilty and the next court date is 20th April 09. Also back in Feb this year he was seen by 2 witnesses kicking me to the back of the head knocking me unconcious described by the witness as kicking me like a football. He hasn't yet been convicted for the first assault, do you think he will do some time in prison after April if found guilty, and how long would you think. Thank you.

[voltr4m4x]

The first thing you should do is to aim to make a complete and full recovery from these dreadful injuries sustained, and I wish you well in that regard.

Secondly, you might like to make some contact with Victim Support through the Police, since you ought to be entitled to a substantial claim for criminal injuries. If your ex-boyfriend has the financial means, he may well be ordered to make a substantial payment himself in your favour, in addition to payment through criminal injuries compensation.

Thirdly, I am not in a position to speculate on the sentence this thug will receive, but I would hope it is one which he lives to regret.

[Buenchico]

'GBH with intent' is a very serious offence. It's only one step below 'attempted murder' and carries the same maximum penalty of life imprisonment. So anyone convicted of the offence can expect to receive a lengthy prison sentence.

When sentencing your ex-boyfriend, the judge will refer to this document:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf

It's the table on page 13 which is relevant. The judge will need to consider whether your injuries should fall into the 'very serious' or 'life threatening' category. I suspect that the latter will apply. If so, that gives a 'starting point', for sentencing, of 8 years custody, with a range of 7 to 10 years possible.

However, those sentences apply to first time offenders, convicted after a trial. The earlier assault is likely to push the sentence upwards. My guess is that a sentence of around 9 years will be passed.. If so, your ex-boyfriend will probably actually spend between 4� years and 6 years in prison (including the time spent on remand).

Even if your ex-boyfriend has an exceptionally good barrister (and appears before an exceptionally lenient judge), I can't see how a sentence of less than 5 years could be passed.

Chris

[debbie123]

well hes going to prison but as for how long who knows with our courts today,but he will go down

[exmetpolice]

The starting point for this offence would be 18 months custody with a recommended 12 months-24 months. I would think he would be looking at around 18 months, maybe 18-20 if the additional assault is taken into consideration.

[exmetpolice]

Sorry I did not see that the intent was there. In that case he is looking, most probably at a minimum of 8 years custody.