Assault

[Emily2014]

My boyfriend was recently arrested and bailed, we were on a night out and a guy had shouted something at me and my boyfriend flipped out. He went over, had a bit of a 'scuffle' with the guy and then punched him however the guy hadn't hit him, the guy fell to the floor and has a fractured skull as a a result. He was in hospital for about 10 days i think. They were both drunk at the time and my boyfriend has been remorseful from the beginning. He has pleaded guilty to the police and both mine and his statements corroborate. He has a full time job and this is his first offence, we aren't sure what the likely outcome will be can anyone help?

[Emily2014]

.. We both left the scene after the guy gained consciousness so not sure if that will go against him as well.

[black_cat51]

what has he been charged with? doesn't fractured skull make it GBH?

[Emily2014]

They aren't sure if they are going to charge him with ABH or GBH yet because he didn't mean to do it and the guys fractured skull is from when he hit the floor.

[black_cat51]

then it's really difficult to give any meaningful answer i think. It will make a difference, of course, depending on what the CPS decided to charge him with, if anything

[Zacs-Master]

So what's he pleaded guilty to?

[Emily2014]

It's a really 'murky' situation because of the fact that it wasn't intended. Worried that he is looking at time in jail.

[FredPuli43]

What he is charged with makes a big difference. On what you say, it will be either section 20, which is an assault which causes serious injury, "grievous bodily harm", or section 18 which is an assault which not only causes grievous bodily harm but which the defendant intended to cause grievous bodily harm. It is the intention to cause grievous bodily harm which makes it a section 18. Both sections are under the Offences Against the Person Act of 1861.

[Emily2014]

He's pleaded guilty to doing it BUT they haven't decided on a charge yet and aren't going to for at least another 6 weeks

[black_cat51]

it must be really horrible for him to have this hanging over him, not knowing what he is going to be charged with. Does the victim have any lasting damage, do you knwo?

[Emily2014]

Not sure, the police said he was 'recovering'

[grasscarp]

How do you plead guilty before you have been charged?

[Zacs-Master]

Can't be too good for the guy with the fractured skull either.

[Emily2014]

In his statement he said he had done it, admitted everything. No i know, he feels awful for the other guy. He keeps saying how bad he feels and that he hopes the other guy is ok.

[EDDIE51]

This will depend on the level of injury and how well the victim recovers.
There are 2 possible charges as Fred says.
In this case a probable outcome is that your BF gets a S20 in return for a guilty plea.

[Elley]

Depends if it goes to crown court if it does he's looking at a high community order for about 18 months or a prose sentence of about 12 months depending on charge.

[FredPuli43]

Elley, that would be very optimistic on a s18 !

[Elley]

What's he looking then

[FredPuli43]

Elley, the starting point for the lowest, least serious. section 18 is 4 years imprisonment and the sentencing range is 3 to 5 years depending on mitigating or aggravating factors. There is a discount for pleading guilty. This appears to be in the lowest category if it is section 18

That's why I say that it matters what the charge is. The maximum for section 18 is life imprisonment , not that any such sentence would be applied here.