ChatterBank3 mins ago
Section 18 GBH with intent charge
One of my family members is 18 yrs old.. he has just had a tag removed after serving 1 yr at a young offenders institution he was let out on licence with another year left to serve so was on parole. His previous conviction was for threatening a shopkeeper with a knife while very drunk (another close family member had just died the day before and he was extremely upset but that is kind of irrelevant). He has also been in trouble with police for fighting when he was younger. When his tag was removed he decided to leave where he was staying and move back in with his mother who by this time had a new boyfriend who he didn't like (the boyfriend in an alcoholic and his mother has alcohol problems).
They had a row one evening when only the 3 of them were present, his mother and boyfriend had been drinking but they say they did not provoke him. Unfortunately my nephew has a bad temper and got angry with their behaviour and alledgly went upstairs to pack a bag to leave and then returned with a baseball bat and hit his mother's boyfriend round the head many times. He then left the property. The boyfriend was admitted to hospital and had surgery on his ear and stiches to his head but thankfully no serious damage appears to have been done.
My nephew has been arrested and charged with S.18 GBH with intent & remanded in custody until the new year. My question is what do you think the likely sentance he will receive and assuming he pleads guilty is there much chance of a reduced sentance or charge, maybe reduced to S.20?
They had a row one evening when only the 3 of them were present, his mother and boyfriend had been drinking but they say they did not provoke him. Unfortunately my nephew has a bad temper and got angry with their behaviour and alledgly went upstairs to pack a bag to leave and then returned with a baseball bat and hit his mother's boyfriend round the head many times. He then left the property. The boyfriend was admitted to hospital and had surgery on his ear and stiches to his head but thankfully no serious damage appears to have been done.
My nephew has been arrested and charged with S.18 GBH with intent & remanded in custody until the new year. My question is what do you think the likely sentance he will receive and assuming he pleads guilty is there much chance of a reduced sentance or charge, maybe reduced to S.20?
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You seem to be more familiar with the Offences Against the Person Act, and the likely consequences of its relevant sections, than most law students. Given your affinity with the criminal fraternity, I suggest that you consult a solicitor who will give you professional advice more reliable than we amateurs are able to give.
I'm not quite sure why you think that Mike11111, the only criminal law information I have is from spending an hour looking up what Section 18 means on the internet. I don't really like your inference that I have an 'affinity with the criminal fraternity' why would you say that? This boy is my nephew that is my only connection so does this mean I cannot ask for advice like everyone else on here? I am not a lawyer, just a very worried family member trying to find help and advice? Disappointed.
This link describes the type of injuries which result in a Section 20 charge. (Read paragraph 55):
http://www.cps.gov.uk...on/#Unlawful_wounding
Scroll down to the next section to see what adds 'with intent' to that charge, upgrading it to 'Section 18'.
Based upon that link (in particular paragraph 65) it's hard to see how the charge could be dropped to 'Section 20'. (There might be a very slight chance of getting the charge dropped to 'Section 47, ABH'. Scroll up to paragraph 46 - but I think that such a reduction in the charge is unlikely).
The fact that the baseball bat was carried to the scene of the attack makes the offence more serious than using a weapon which came to hand at the scene. The 'starting point' sentence for "pre-meditated wounding or GBH involving the use of a weapon acquired prior to the offence and carried to the scene with specific intent to injure the victim (but not resulting in a life threatening injury or particularly grave injury)" is a prison sentence of 8 years, with judges expected to pass a sentence of between 7 and 10 years. However those sentences apply to a fist-time offender convicted after a trial. Your nephew's previous convictions for violence can push the sentencing range higher but an early guilty plea can see the sentence cut by one third.
I'd estimate that the judge would pass a sentence of around 6 years ( = 9 years less one third). If so, your nephew could be considered for release after 3 years but he would still remain in prison unless the authorities were confident that it was safe to release him. (He'd then be released after 4½ years).
Chris
http://www.cps.gov.uk...on/#Unlawful_wounding
Scroll down to the next section to see what adds 'with intent' to that charge, upgrading it to 'Section 18'.
Based upon that link (in particular paragraph 65) it's hard to see how the charge could be dropped to 'Section 20'. (There might be a very slight chance of getting the charge dropped to 'Section 47, ABH'. Scroll up to paragraph 46 - but I think that such a reduction in the charge is unlikely).
The fact that the baseball bat was carried to the scene of the attack makes the offence more serious than using a weapon which came to hand at the scene. The 'starting point' sentence for "pre-meditated wounding or GBH involving the use of a weapon acquired prior to the offence and carried to the scene with specific intent to injure the victim (but not resulting in a life threatening injury or particularly grave injury)" is a prison sentence of 8 years, with judges expected to pass a sentence of between 7 and 10 years. However those sentences apply to a fist-time offender convicted after a trial. Your nephew's previous convictions for violence can push the sentencing range higher but an early guilty plea can see the sentence cut by one third.
I'd estimate that the judge would pass a sentence of around 6 years ( = 9 years less one third). If so, your nephew could be considered for release after 3 years but he would still remain in prison unless the authorities were confident that it was safe to release him. (He'd then be released after 4½ years).
Chris
I dont know much about law, Im currently in a very sticky mess. But i dont think the charges will be lessened as he used the baseball bat with intent to injure. and he has previous with weapons so personally I dont think it looks too good for your nephew. Sorry. Like i said i dont know much but iv been lookin on the net at section 20 and what not.
Hope it turns out well for him =/
Hope it turns out well for him =/
Thanks for your reply.
It would almost certainly make no difference if witness statements were withdrawn. The policy of the Crown Prosecution Service is (unless there are very exceptional circumstances) always to continue with prosecutions (based upon medical evidence, etc), wherever possible. Further, the original statements could still be used in court, with the witnesses being asked (under oath) whether they stood by those statements or, if not, why they were now changing their account of things. (There's a possibility that the witnesses could end up being charged with perjury or wasting police time).
Chris
It would almost certainly make no difference if witness statements were withdrawn. The policy of the Crown Prosecution Service is (unless there are very exceptional circumstances) always to continue with prosecutions (based upon medical evidence, etc), wherever possible. Further, the original statements could still be used in court, with the witnesses being asked (under oath) whether they stood by those statements or, if not, why they were now changing their account of things. (There's a possibility that the witnesses could end up being charged with perjury or wasting police time).
Chris
good grief what a hideous mess this case is. If only my nephew hadn't done such a stupid stupid thing, he should have got help for his anger problems long ago. His mother's boyfriend and also the victim of the event is new to the family, his mother has been living with him for only a few weeks before this happened. We have since found out that he has a long complicated criminal record himself and is an alcoholic so I doubt he will want to put himself up for any more police investigation so therefore he will not want to be accused of perjury thus I would imagine the statements will still stand then. He was out of hospital and home within only a few hours after a small operation on his ear and stitches to his head, but I assume that only limited medical assistance is irrelevant as to the charge bought against his assailant?
Hmmm.
Based upon what you've written, I'm still not sure that the charge couldn't be dropped to 'ABH'. (See paragraphs 46 and 55 in my link above and compare the difference). The 'starting point' sentence for pre-meditated ABH involving the use of a weapon is 2½ years imprisonment, with judges expected to pass a sentence of between 2 years and 4 years. However, once again, that applies to a first-time offender convicted after a trial. (Your nephew's previous convictions could push the sentencing range higher but an early guilt plea could see the sentence cut by one third).
If the charge was dropped to ABH, I'd guess at a sentence of around 2 years 8 months ( = 4 years less a third), meaning that your nephew would actually be in prison for 16 months.
Chris
Based upon what you've written, I'm still not sure that the charge couldn't be dropped to 'ABH'. (See paragraphs 46 and 55 in my link above and compare the difference). The 'starting point' sentence for pre-meditated ABH involving the use of a weapon is 2½ years imprisonment, with judges expected to pass a sentence of between 2 years and 4 years. However, once again, that applies to a first-time offender convicted after a trial. (Your nephew's previous convictions could push the sentencing range higher but an early guilt plea could see the sentence cut by one third).
If the charge was dropped to ABH, I'd guess at a sentence of around 2 years 8 months ( = 4 years less a third), meaning that your nephew would actually be in prison for 16 months.
Chris
-- answer removed --
I am sorry fluff 123 I read with horror " a small operation on his ear and stitches to his head" for heavens sake this is a serous offence [ at what cost to our NHS system ?] stop making excuse after excuse for this nephew, you admit he has a bad temper, and let him face up the facts he is due for quite a spell in prison.
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