gbh sec 20 without intent

[emhal]

i had a party a fella got beaten up fractured jaw 2 places cut to eyebrow and lip. Ive been charged with gbh wanting to know is it likely that i'll be sent to prison? Ive never been arrested my record is clean.

[exdc]

Hi

Its too difficult to predict sentencing nowadays as its very inconsistant across the country and there are simpy too many factors to take into consideration. (aggravating features, location and motive etc).

Sec 20 Assault is an either way offence which means it can be heard in Magistrates Court or the Crown Courts and carries a max sentence of 5 yrs custody and / or fine etc.


Sentencing discounts are available for early guilty plea's.

[Buenchico]

The sentencing guidelines for GBH are on page 15 of this document:
http://sentencingcoun...person_accessible.pdf

The sentences shown there refer to a first-time offender who is convicted after a trial. An early guilty plea can see a reduction in the sentence (which is by one third in the case of a custodial sentence).

Chris

[emhal]

my plea was not guilty as i didnt hit him but in a video i.d parade he has said i punched and stamped on him. I gave a description of the people at the party and names but the police werent interested didnt even question them. There are three wintess none of them were in the house one was on holiday in spain. Are the police allowed to use there statements?

[exdc]

Did you not see the assault then ?

[emhal]

no i wasnt even in the house when it happened. I came in to see the fella beaten up

[sara3]

it was your party? have you not asked the people you invited? did you invite the victim, and why would he say it was you?

why were you not in the house?

[emhal]

yea it was my party but it ended up friends inviting friends, i didnt invite the victim a mate did. I got told that the police werent getting anywhere with the case then he remembered that i hit him.

[emhal]

i was in the back garden when the fight happened cleaning up

[pink-kittens]

And none of your friends will be a witness for you? Has no one come forward for you?

[emhal]

none of them they have been called to be a witness for the victim even though none of them were in the house when it happened. They have told the police that i phoned them and said Ive just beaten up the victim.

[emhal]

myskavik that aint got nothing to do with me if u aint going to give advice dont read my question.

[pink-kittens]

get some new friends when you get out then

[emhal]

i havent had anything to do with them pink-kittens, do you think i'll get sent down then??

[jackthehat]

IF you really didn't have *anything* to do with it, you should be fine.
IF the witnesses are lying, it will become apparent during the court-case.

It may not go to court; IF there is a lack of credible evidence or witnesses the CPS may decide not to proceed.

Despite the scare stories, there really are very few people who are utterly innocent and are convicted of an offence.

You'll need to have complete confidence in your legal team......make sure they are listening to you.

Best of luck.

[emhal]

thanks jack the hat my solicitor has said the victim has changed his story twice now.

[pink-kittens]

I dont know, I can only go by Chris' link

I live by 'be sure your sins will find you out', ask my daughter, it is such a true statement.

If it happened as you say, then fingers crossed the judge will see it as such

GL

[emhal]

thanks pink_kittens i hope it goes ok to