GBH with intent section 18 malicious wounding

[Fru124]

Hello could I have some more advice please and honestly, firstly i am from northern ireland so the law will/is probably different than in england. i was arrested recently after an arguement outside a bar what happened was this guy and i were having an arguement and he told me he would hit me so i headbutted him breaking his nose, i have seen the cctv footage and i am shown clearly hitting him on it i never intended to deny it even before i seen the cctv footage, I have spoken to the police and i have admitted hitting him i have also shown great remorse for this action, i have been advised by my solicitor that as this is my first offence worst case scenario I am looking at a suspended sentence also the police officer was stating that as i have admitted it and am truly remorseful I should not worry too much but its human nature to worry about things is it not? i am due to get married next year and this could mess up everything, i have a charge hearing on the 15th January as I want it over as soon as possible but i cant help thinking it will lead to something this could be the end of my life literally, i have hardly slept a wink in over 6 weeks since the incident, i can get two chararcter references from two of my employers within the northern ireland government I can also get a refernece from a solicitor friend of the family although i have not asked him just yet, could somoen please advise will i go to jail and serious answers please! no sarcastic answers!

[redcrx]

a poilice officer and your own solicitor have told you what they think would happen. Why come on here and ask a bunch of strangers who dont have all the info?

[redcrx]

http://www.theanswerb...l/Question827427.html

[Fru124]

I have gave you as much information as there is there so no need for the sharp tongue that last link on the answer bank is my prvious initial query back when i first got arrested, also they have advised me that i wanted to know if anyone else had maybe got some idea of a precedent in northern ireland that is all!

[Something_Witty]

"he told me he would hit me so i headbutted him"

So was it self-defense or not?

[redcrx]

i put the link up so that people could see what info you had previously given. To save the same questions being asked. You could have easily done the same or advised that youd posted before on this matter

sharp tongue! lol

short fuse ?

[bednobs]

what i would say is this:
It is not the end of your life. you did a stupid thing that you cannoot change now. Your life may well be different from what you envisaged, but i think it's just fear of the unknown causing you to have sleepless nights. I take it the person you are marrying knows about it? If so, she/he is still with you, so that part of your life will not change. if you can't get married when you thought you would, just get married before/after. a conviction may bar you from working in certain jobs, but who's to say you wouldn't do better in a different job?

[sumo19]

I'm not sure if the law IS different in Northern Island, it may be so for the rest of Ireland, but I would imagine it would be very similar or if not the same as England.

GBH is a serious offence. There are two kinds of GBH. There is a section 18 (with intent) and as section 20, GBH without necessarily having intent.

You are being tried for the Section 18 and this is the more serious offence which is punishable by at least 5 years in prison if convicted.

[dh001]

Fru: Who has told you the likely charge is Sec 18 GBH????

[Buenchico]

The Offences Against the Person Act 1861 (which includes Section 18, under which you're charged) covers the whole of the UK. Unless there are very exceptional circumstances, judges are obliged to sentence first-time offenders, convicted after a trial, in accordance with the table on page 13 of this document:
http://www.sentencing...inst-the%20person.pdf
Offenders who plead guilty at the earliest opportunity can have their sentence reduced by up to one third.

So, if you're convicted under Section 18, the minimum sentence you can expect is one of 2 years imprisonment (of which only 1 year would actually be spent 'inside').

However the assault you've described doesn't come anywhere near to the definition of 'GBH with intent'. See paragraphs 45 to 67 of this document for the definitions of 'ABH', 'GBH' and 'GBH with intent':
http://www.cps.gov.uk...s_against_the_person/

If your description of the assault is accurate, the appropriate charge should be 'ABH'. If so, the table on page 17 of the document in my first link will apply (again with a reduced sentence for an early guilty plea). In that case a custodial sentence is extremely unlikely.

Chris

[dh001]

Ignore my last, I just saw the post by redcrx.

[123everton]

https://www.youtube.com/watch?v=7NCZ4l8FCFc
I'm sure you'll cope.

[sumo19]

I agree with some of the earlier posters about this potentially being an ABH rather than a GBH. It depends on how bad the broken nose was, whether it was a minor break or whether it was totally smashed.

Since this is your first offence, the punishment will not be as bad as if you were a repeat offender. Nevertheless, you can go to prison for both ABH and GBH.

Ahmskunnirt, I never said this person would be committed to prison. To be honest I don't know.

The fact that you were not issued with a caution means that the incident is too serious to be disposed of without the courts. Your best scenario would be a fine, might be a lot. And worst scenario would be whatever the judge would deem appropriate in terms of a custodial sentence. Technically this can be anything, realistically, assuming that you are committed to prison, it would not be too long.

This looks like ABH anyway, and you were sort of provoked when he said he would hit you, and you had diminished responsibility because you were drinking.

[fredpuli47]

It's not a s18 .If that's the final charge, it's overkill; if you offer the prosecution a plea of guilty to s20 or abh instead, they'll accept that as sufficient. It should be charged as s20 gbh if the injury is really serious ["grievous" ] or abh if not. On that plea of guilty, it ought to be dealt with in the magistrates' court. (The difference between s20 and abh is rather academic because the maximum sentence is the same for both) . It sounds very much as though your solicitor is correct on the sentence in your case. Such an offence is often marked with a sentence of custody, to show that the courts take such violence seriously,but it'll be suspended because the offence was an isolated incident, there.'s remorse, probably you're own shock at what you did, there's good character, you're at an important stage of your life etc etc.

[Fru124]

I have gave you all the info there were 3 witnesses one a friend who said that i done it (as i never intended to deny it) also two women seen it one said i punched him also when he was on the ground the other said i never hit him on the ground my friend also said i never the cctv doesnt show me hitting him on the ground yet I was drunk and this will go against me. I have told everyone in my work and outside of it etc i have been totally honest from day one with the police I have showed obvious remorse the option of moving the wedding is null and void I have been planning it for two years almost i have nearly paid for the honeymoon etc and that money will all be lost i was also speaking to a solicitor friend of the family and he stated my solicitor will probably plead that it is a gbh charge as the intent was not there even though he suffered a broken nose, I did not strike hom when he was on the ground, I am not a voilent person just a person who made one stupid mistake yet all I have strived for in my life could be ruined by this one moment of madness! because I work within the government and i may lose my job if I get a custodial sentence there is no doubt I will lose my job though a suspended sentence may mean i stay in a job.

[fredpuli47]

Yes,Fru, that's exactly why I said it's not a si8 [ gbh with intent gbh] On what's said it's not a case where, prosecuting ,you'd expect to get home on a s18. s18 is for more serious and clear-cut cases The prosecutor has got to apply some common sense. If he sticks with a s18 it's got to go to Crown Court .If it gets sent there instead of kept in the lower court this will happen : When it gets there the first thing your counsel will do is say to the prosecution " We'll give you a plea [of guilty] to a s20 but not the s18" Now, prosecution counsel will take that offer, on what you tell us, because otherwise he's got to spend three days on a trial with a jury, he can see that the jury will hear this sorry tale, and will acquit on the s18. He's therefore wasted three days of public money on a case which has not got an above average chance of a conviction, when it could have been finished in the lower court. The CPS don't like cases which don't have a clearly better than average chance of getting a convioction (it's against policy) and it looks particularly silly when they could have had a plea to s20 and got rid of the case much earlier.

[dh001]

On the facts disclosed, this is ABH max.

[suzie1]

dont worry it should be fine, u'll get a suspended sentence.....dont worry, my mate went in for 12 years and didnt flinch......its another life experience, but on a serious note, u wont get 5 years as said by someone before, u were provoked and thats something they take into account and it shouldnt be anything more than a suspended sentence or community service etc and a fine. just enjoy ur christmas......nxt one mite be wid the HM turkey lol...... sorry couldnt help it.