am i looking at custodial sentence

[chris9370]

Hi all ive just joined in the hope that someone may be able to offer me any advice on my current situation, my girlfriend and i went out for a load of drinks and a meal a couple of weeks ago, we had a small argument at home that escalated, in the end i slammed one of the interior doors and the wooden panel came out ,she tried to phone the police but i pulled the plug out the wall knowing i could fix it in about 5 mins, she was totally drunk as she had been drinking gin all night compared to my lager, she flipped at this point and started punching me 5 or 6 times to the face and head (which she admits in her statement to police) ,ive gone and given her a good shove to get her off me and shes gone down and bashed her face on the unit corner she has then run out the house to next door neighbour to phone police and ive got out of there, anyway it was freezing cold that night and ive gone back to the house to get a sleeping bag and coat and see blood in the hallway but then leave and sleep rough, i hand myself in at the police station next morning and im being charged with section 18 gbh with intent as she has said that i bit her on the lip and she has required surgery ,how extensive i dont know but probably stitches i would imagine? i was bailed at the magistrates and now have to appear in crown court, the girl in question is already on antidepressants and this coupled with the drink just makes her go crazy on times ,im no angel dont get me wrong but having read some of the section 18 cases on here their going on about people being stabbed and beaten with bats! it was nothing like that, your thoughts would be much appreciated, thanks

[eyethenkyew]

chris,

I'm concerned that, for whatever reason(s), you didn't have a solicitor present during your interview. The decision must have been your own, because you should have been advised by the custody sergeant prior to the interview that you were entitled to one free of charge?

Well, it's too late now, but just for future reference, if you're unlucky enough to be ever nicked again for anything, I'd strongly advise you to have a solicitor present, for, with no disrespect, s/he can advise you on the finer points of the law in case you unwittingly drop yourself in it.

I have no doubt that at your first Court appearance on Tuesday (Magistrates Court?), you will be advised to get a solicitor to represent you before they proceed with the case. I don't know if you qualify for legal aid, but all the better if you do, for then you will have one provided at taxpayers' expense. Otherwise you could end up with a hefty bill.

If possible, you could contact/go to your local Citizens Advice Bureau tomorrow where you can be given free legal advice. They won't take it any further than that but should at least be able to give you an idea of where you stand. I'm assuming there that you haven't got a solicitor?

It has also been known for someone to withdraw a complaint altogether which would mean in all probability that no further action would be taken in the matter. I mention that because you say she is/was your girlfriend, so it goes to follow that she has/had feelings for you, and it is not unknown for people under those circumstances to "forgive and forget". However, that's the brightest scenario - so don't bank on it.

Be very, very wary of trying to represent yourself. The Court will expect you to have proper legal representation and that is something in your best interests too, so think carefully - and admit to nothing which may incriminate you. The onus is on the prosecution to prove the case

[chris9370]

yes i have a solicitor already ,i was kept in custody after being arrested and appeared in the magistrates court the next morning where i was represented by a duty solicitor,the magistrates have decided to send it to crown court where im due to appear on the 7th (tuesday) i think your right in what your saying about the complaint being withdrawn but even so the cps can carry it on without her ,though they may still need to witness summons her if they think they need to

[worriedfather]

This is a difficult case as on one hand you did push your girl friend but on the other this was not premeditated, nor did you use a weapon.

If this is the case, this is not section 18 but section 20. You definitely need a Barrister to help you through this as you have good grounds to plead guilty to a section 20 but with mitigations such as self defence.

I would even challenge the section 20 as from your report, you pushed her off you whilst she was attacking you (you didn't hit her).

My son has just gone through the entire section 20 crown court case today and beleive me, you need a Barrister to guide you to the best outcome for yourself.

[chris9370]

how did he fare during his trial? is it looking ok for him?

[jake-the-peg]

With all due respect Chris it is quite common on this forum for people to come on and tell an obviously sanitised version of events.

"I got drunk with my mates and got into a fight and gave this bloke a small push and now the CPS are charging me with attempted murder"

OK that's a slight exageration - but only slight.

Even if you are being totally honest ant straight with the version of events that is now in your mind the fact that you were drunk does beg the question of how accurate that version is anyway.

This is just one reason why it is very difficult for (the helpful) people on here to give you good advice.

Unfortunately there are many "sightseers" in law that just love to come and stick in pins.

The only thing I might add is whether you think you might have a drink problem.

Think about this - if you decide that perhaps you do and decide to seek help that might go down well with the court

[chris9370]

yes i do think i have, i can have 6 or 7 pints and be completly in control and know what im doing but to be honest large parts of that night were a blur and it was because of drink, i dont usually get that drunk but ive scared myself and now realise that i can never get that drunk again,id like to say id never ever touch another drop again but i think thats maybe a touch too far, i certainly will be very very mindfull of what i do have in future, i am in the forces and can get alcohol awareness course and also anger management quite easily and will certainly will be doing both, im a very placid laid back guy but only on the odd occation when ive got very very drunk i seem to have no control and its very worrying

[KikiTiger]

Depends on your previous, but in short, yes it is possibly jail.

[mike11111]

I don't know which branch of the Forces you are in but they take this sort of thing very seriously as it tarnishes the image, and will drop you like a hot brick if you were sent to prison. My advice, if you have not already done so, would be to seek the assistance of the welfare people in your particular Service and try to get them on your side. I can't comment on the details as I lack the experience, but having a commissioned officer speaking up for you in court cannot do you any harm, and may well do you some good.

[worriedfather]

Hi chris,

sorry for not replying sooner. My sons case was on the 8th and he received a fine and community service so there is hope.

If you search on my other threads there is a very lenghty story to be read.

My advice is to direct your barrister to do whatever is needed to avoid a custodial sentence and then follow his advice to the letter.

Our barrister knew all the judges and was able to adjust the way he presented the mitigation on the morning of the trial.

Some of my comments in my threads pour scorn on the legal system because it is open to plead bargaining and I truly believe you may be able to use this and lower the charges

[bednobs]

worriedfather - i don't really understand where you are coming from. On your own posts you critcized the barrister and implied they almost forced your son into pleading guilty by misleading you about money he would have to pay in compensation, then you advise this poster that he needs to follow his barrister's advice to the letter to get the best outcome!

[worriedfather]

bedlnobs, I criticised the justice system as it has nothing to do with justice. Our barrister stoppedy son going to trial by jury and potentially ending up in prison.

If re read my thread it is others who are slating the barrister. I personally see the justice system as a game for lawyers, barristers and judges to play on. If you don't play ball youwill fall foul of the system.

[bednobs]

ok, sorry :)

[Nathy1]

I think bednobs knows everything about the law... so any questions we have sould be posted to him?... I'm waiting for his/her expert advise in previous posts/replys.

Dris - in my opinion you are very foolish and 'yes, you are very lucky to not get locked up' for falsely accusing someone and waisting all that court and police time.

Thankyou for sharing it on here though. It does show 'one track minded people' that not everyone is guilty of what they are accused and that there is room for improvement in our legal justice system.