Sunday Express Skeleton 3Rd November
Crosswords1 min ago
What is my likely sentence?
I have been arrested and bailed for GBH without intent, section 20.
A few weeks ago I was in a nightclub with friends and I was very drunk. I was supposedly involved in an altercation which I cant remember whatsoever. Bouncers were given a description of a guy that had hit the other guy and pulled me out of the club, the guy consequently said yes I was the person who had hit him and he wanted to press charges. We waited for 30 mins but the police did not show and so bouncers took my name and address.
2 weeks later the police contacted me and i went to the station to be formally arrested and interviewed. It turned out the guy sustained a fractured eye socket. At the time of interview, there was no cctv, no witness statements only the victims statement in which he said i was very drunk, and kept bumping into him and he cooly asked me to calm down. i continued to bump into him so he pushed me and i then hit him once causing the injury. I remember none of this.
I requested a solicitor at the station and he advised me to go no comment to every question so i did. I had to do a video identification procedure and since the guy has confirmed I was the person who hit him.
I have been bailed to return at a later date. I have no previous convictions, im at university and could get excellent references from high profile professionals. What is the likely sentence? Surely as it is first offence and only a pub brawl I will avoid a custodial sentence? I am really worried about going down as I want to continue university. Will the be the possibility of another interview when i return for bail, if so is it a good idea to plead guilty to a crime i cant remember comitting and apart from this guys word there is no proof of my doing?
regards.
A few weeks ago I was in a nightclub with friends and I was very drunk. I was supposedly involved in an altercation which I cant remember whatsoever. Bouncers were given a description of a guy that had hit the other guy and pulled me out of the club, the guy consequently said yes I was the person who had hit him and he wanted to press charges. We waited for 30 mins but the police did not show and so bouncers took my name and address.
2 weeks later the police contacted me and i went to the station to be formally arrested and interviewed. It turned out the guy sustained a fractured eye socket. At the time of interview, there was no cctv, no witness statements only the victims statement in which he said i was very drunk, and kept bumping into him and he cooly asked me to calm down. i continued to bump into him so he pushed me and i then hit him once causing the injury. I remember none of this.
I requested a solicitor at the station and he advised me to go no comment to every question so i did. I had to do a video identification procedure and since the guy has confirmed I was the person who hit him.
I have been bailed to return at a later date. I have no previous convictions, im at university and could get excellent references from high profile professionals. What is the likely sentence? Surely as it is first offence and only a pub brawl I will avoid a custodial sentence? I am really worried about going down as I want to continue university. Will the be the possibility of another interview when i return for bail, if so is it a good idea to plead guilty to a crime i cant remember comitting and apart from this guys word there is no proof of my doing?
regards.
Answers
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Judges are provided with 'starting points' and 'ranges' which they must normally adhere to when sentencing offenders. (If they go outside of the specified ranges they must give an explanation in open court).
The starting point for a first offender convicted of a 'Section 20' offence (where there was no pre-meditation, no weapon used and no grave injury sustained) is 24 weeks custody. The upper end of the sentencing range is 36 weeks custody. The bottom of the sentencing range is a 'high level' community order.
However those sentences apply to first time offenders convicted after a trial. An early guilty plea will skew the sentencing downwards, giving a starting point of around 16 weeks custody but (more importantly) increasing the chances of a non-custodial sentence.
The courts generally try to keep people out of prison wherever possible, so your character references (and the impact that a custodial sentence would have upon your education) may well be enough to prevent you being 'sent down'.
Plead guilty, look remorseful and let your barrister do the talking.
Source:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
(See the table on page 15).
Chris
The starting point for a first offender convicted of a 'Section 20' offence (where there was no pre-meditation, no weapon used and no grave injury sustained) is 24 weeks custody. The upper end of the sentencing range is 36 weeks custody. The bottom of the sentencing range is a 'high level' community order.
However those sentences apply to first time offenders convicted after a trial. An early guilty plea will skew the sentencing downwards, giving a starting point of around 16 weeks custody but (more importantly) increasing the chances of a non-custodial sentence.
The courts generally try to keep people out of prison wherever possible, so your character references (and the impact that a custodial sentence would have upon your education) may well be enough to prevent you being 'sent down'.
Plead guilty, look remorseful and let your barrister do the talking.
Source:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
(See the table on page 15).
Chris
I've not got the medical knowledge to answer your subsidiary question but I would doubt that a fractured eye socket is regarded as 'minor' fracture. For example, a simple broken nose might require no medical treatment at all. A broken finger might just require splinting. However, as I understand it, the only way to treat a fractured eye socket is by performing surgery under a general anaesthetic. If that's correct, I would assume that the requirement for surgery takes the injury beyond the 'minor' category.
Your solicitor (or barrister) might know of any precedents which determine whether the injury should fall within 'ABH' or 'GBH'. However the relevant Crown Prosecution Service document (which will have been referred to when deciding what to charge you with) suggests that 'GBH' is probably the correct charge. The link takes you to paragraph 45 (et seq), which defines ABH. (In particular, see the examples in para 46). Scroll down to paragraph 50 (et seq) for the CPS definition of GBH. (In particular, see the examples in para 55):
http://www.cps.gov.uk/legal/l_to_o/offences_ag ainst_the_person/#P189_14382
Chris
Your solicitor (or barrister) might know of any precedents which determine whether the injury should fall within 'ABH' or 'GBH'. However the relevant Crown Prosecution Service document (which will have been referred to when deciding what to charge you with) suggests that 'GBH' is probably the correct charge. The link takes you to paragraph 45 (et seq), which defines ABH. (In particular, see the examples in para 46). Scroll down to paragraph 50 (et seq) for the CPS definition of GBH. (In particular, see the examples in para 55):
http://www.cps.gov.uk/legal/l_to_o/offences_ag ainst_the_person/#P189_14382
Chris
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