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jg18 | 23:02 Mon 17th May 2010 | Criminal
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i recently went out on lads day out around the town, i had way to much to drink and was kicked out of a local pub, while argueing my case as to why i was chucked out i was hit by a bloke. being under the influence of to much drink i reacted very badly and threw him to the floor, i punched him a few times and to my dissopointment put a kick in aswell. i found out that i broke his tibia and fractured his eye socket, on the cctv i have been shown i do not touch his leg atall and have also been told that his leg was under rehabilitation. i'v been given a gbh charge and i am planning to go guilty all the way, i will except the concequences for my actions but would just like to know what people think will happen to me. this is my first offence of this nature and i am genrally a good lad
  
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Dont know why you have put all this in twice. Also dont think it is much good asking what people think. Take legal advice and I am sure a solicitor will be in a better position, once they have taken all the facts into considertion, to tell you what is the likely sentence that you will receive.
Question Author
first time my comp went all wierd and didnt think it would work
OK. I hope this is a turning point in your life. Best of luck.
Unless there are really exceptional circumstances (which a judge must explain in open court), judges are obliged to stick to the sentences in this document:
http://www.sentencing...inst-the%20person.pdf
(See the table on page 13)

The sentences in that table apply to a first-time offender convicted after a trial. An early guilty plea can see the sentence reduced (by one third in the case of a custodial sentence).
Kicking a victim, particularly to a vulnerable part of the body (such as the head) can be counted as equivalent to 'use of a weapon'. (See Section 22 on page 6). So the judge is likely to view the assault as falling within the category of "Other assault where particularly grave injury results or a weapon has been used". Taking the lowest point of the relevant sentencing range gives a sentence of 12 months, but the one third discount cuts that to 8 months. Only half of the nominal sentence is spent in prison, so expect to be 'out of circulation' for about 4 months, or possibly slightly longer.

Chris
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i had a mate who recently got done for gbh, abh and assult and got 9 months which is basicly 3 and a half he had previous aswell and done more damage than me. do you think, fines and compensation would come into play with me atall
I'd be prepared to bet that your mate received concurrent sentences. i.e. he got 9 months for the GBH and the other sentences simply ran at the same time. So he'd probably have still received 9 months even if he'd only been charged with GBH. That makes my 8 month estimate for your sentence look about right.

A fractured eye socket is a serious injury; it's very unlikely that a court would impose a non-custodial sentence unless, just possibly, your barrister could convince the court that your kick should not be regarded as the 'use of a weapon'.

It's just possible that you could avoid prison but my advice is that you should pack a bag when you attend the Crown Court for sentencing. (GBH has to be referrred to the Crown Court; it's too serious an offence for magistrates to deal with).

Chris
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he done all 3 at the same time, all in the same incident
///// i had a mate who recently got done for gbh, abh and assult and got 9 months ///////

Seems like you have nice friends like yourself!!!!!
Question Author
what are you trying to say ? we all make mistake iv made mine and got to learn from it, every1s different some people can walk away others cant. if some1 hits me il stick up for myself yeah iv gone over the top but it happens
/////// yeah iv gone over the top but it happens ///////

So except your sentence and learn a lesson!
Forgot to add, learn to walk away!
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think you need to learn to read, this is what i put. i will except the concequences for my actions but would just like to know what people think will happen to me, im ready to except it
You are going to accept it not except it.
Oh dear, grammar, punctuation & spelling aren't really your thing, are they? Not to worry, you may be able to take classes whilst in prison......
Why do people always have to pick up other people's faults with grammar etc, and then say something which I myself would find very annoying, such as, 'you may be able to take classes whilst in prison......'

This person doesn't want your sarcasm.
Anyway, if you really want to be picky, I wouldn't have though that, 'oh dear,' wasn't really, 'his thing,' as you imply with your use of commas. It could be argued that there was a need for a semi colon there.

'&' should also be replaced by 'and.'

And I've never seen around 6 full stops in a row in supposedly formal English.

Cheers
-- answer removed --
By the way I am aware of the fact I missed a question mark out in the earlier post.

People charged for GBH can be sentenced for any term the judge deems appropriate depending on the circumstances. The important point here is on the specifics of the charge. GBH with intent will be punished more that a GBH charge where there was not intent to do harm.

What people have said earlier seems a reasonable sentence to look at; around a year ish.
Sumo, it doesnt really matter that jg18's question is full of spelling mistakes and poor English. I only picked him up because he keeps saying except and it may help him to know the word is accept and he will recognise it on paper when written down by a solicitor.
Messalina is also saying something quite valid in that instead of raising hell with his mates he could possibly, if he serves a sentence, catch up with some schooling. Unfortunately in the real world he will probably pick up more hints on how to be a villain and a drugs habit. Its a sad world.
..... and I did wonder how your leg can be under rehabilition without the rest of your body!

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