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My mates going to court for section 18 wounding will he go to prison??
my mate was at a party and this lad asked him for a fight after he pushed him and my mate said no. then telling his mate about the conflict at the party the kid said to him fight outside now. so he went outside to have a fight with him and now he is getting accused for stabbing the other lad. but he couldnt remember having a knife at the party. his on bail at the moment which he has to live in a different city to the other lad. will he go to prison
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'Section 18' is an extremely serious offence. It's one one step below 'attempted murder', and carries the same maximum penalty of life imprisonment.
Depending upon the circumstances, judges have to decide whether an offence falls into 'Category 1' (the most serious), 'Category 2', or 'Category 3'.
Even a Category 3 offence requires a judge to use a 'starting point' sentence of 4 years imprisonment, with an actual sentence of 3 to 5 years. (However the sentence passed can then be reduced by one third for an early guilty plea).
So the lowest sentence which could be passed (other than in extremely unusual circumstances) would be one of 2 years imprisonment (i.e. 3 years, less one third). Normally half of that time would actually be spent 'inside'. So you can expect your mate to be 'banged up' for AT LEAST one year.
If the judge decides that the offence falls into Category 2, the starting point sentence (before knocking a third off for an early guilty plea) is one of 6 years, with a range of 5 to 9 years being available.
Category 1 has a starting point of 12 years, with a range of 9 to 16 years available.
It's unlikely that 'Category 1' would apply but the use of a knife might take the offence into 'Category 2'. In reality, you mate will probably be 'inside' for between one and two years.
Chris
Depending upon the circumstances, judges have to decide whether an offence falls into 'Category 1' (the most serious), 'Category 2', or 'Category 3'.
Even a Category 3 offence requires a judge to use a 'starting point' sentence of 4 years imprisonment, with an actual sentence of 3 to 5 years. (However the sentence passed can then be reduced by one third for an early guilty plea).
So the lowest sentence which could be passed (other than in extremely unusual circumstances) would be one of 2 years imprisonment (i.e. 3 years, less one third). Normally half of that time would actually be spent 'inside'. So you can expect your mate to be 'banged up' for AT LEAST one year.
If the judge decides that the offence falls into Category 2, the starting point sentence (before knocking a third off for an early guilty plea) is one of 6 years, with a range of 5 to 9 years being available.
Category 1 has a starting point of 12 years, with a range of 9 to 16 years available.
It's unlikely that 'Category 1' would apply but the use of a knife might take the offence into 'Category 2'. In reality, you mate will probably be 'inside' for between one and two years.
Chris
I thought that I'd just answered that!
The absolute minimum sentence (unless the judge can find VERY exceptional circumstances) is one of 3 years if he pleads not guilty, or 2 years if he pleads guilty (with half of the sentence passed actually being spent 'inside').
It's probably unlikely that a sentence greater than 4 years would be passed (again, with only half of that time actually being spent in prison).
So, as I said before, your mate will probably actually be 'banged up' for somewhere between one and two years.
Chris
The absolute minimum sentence (unless the judge can find VERY exceptional circumstances) is one of 3 years if he pleads not guilty, or 2 years if he pleads guilty (with half of the sentence passed actually being spent 'inside').
It's probably unlikely that a sentence greater than 4 years would be passed (again, with only half of that time actually being spent in prison).
So, as I said before, your mate will probably actually be 'banged up' for somewhere between one and two years.
Chris
For a section 18 the starting point for sentacing is 4 years and thats with a guilty plea!! If he is found guilty of this a custodial sentance is enevitable. I know this as my partner is currently awaiting trial on an 18 and was advised by solicitor to go guilty as he would only get 18 month and be out in 9 however on day of sentacing the judge told him in no uncertain terms that if he pleads guilty to an 18 he would get 4 years!! and advised him to change his plea and sack his solictor.
the main factor of an 18 is the intent to do serious harm. If ur friend was armed with weapon at the party he intended to do someone harm with it therefor would be guilty of an 18
If your friend was for example holding a knife for a valid reason i.e cooking or chopping veg etc and was attcked and stabbed back it ould be without intent therefor a section 20
Alcohol plays no part in defence so not being able to remember will not help him he needs to decide if he did have the weapon weather or not to plead guilty and weigh up his options altho i advise you get a good barrister dont trust everything they tell you
the main factor of an 18 is the intent to do serious harm. If ur friend was armed with weapon at the party he intended to do someone harm with it therefor would be guilty of an 18
If your friend was for example holding a knife for a valid reason i.e cooking or chopping veg etc and was attcked and stabbed back it ould be without intent therefor a section 20
Alcohol plays no part in defence so not being able to remember will not help him he needs to decide if he did have the weapon weather or not to plead guilty and weigh up his options altho i advise you get a good barrister dont trust everything they tell you
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