Gbh Without Intent First Offence

[happeninbabe23]

My brother got it over the head with a wine bottle, this resulted in him being rushed to hospital on 4 separate occasions as the wound kept coming open. He then had to have a plastic surgeon operate and was taking tablets for 7 month after the event. There was no fight. The lad that done it has no previous and has pleaded guilty to GBH (we did go to court on GBH with intent but he was found not guilty) what is the likely chance of him going to prison?
Thanks

[New Judge]

When considering sentencing for Section 20 offences judges must consider these guidelines (page 7):


http://sentencingcouncil.judiciary.gov.uk/docs/Assault_definitive_guideline_-_Crown_Court.pdf

You can work out from them whether the offence passes the “custody threshold”. My view is that it is on the cusp between categories 2 and three.

[Peter Pedant]

Say Sorry to your brother - what a mess.
The reason why it kept on splitting was that the wound was infected, or became infected. It also sounds as tho' there was a gap - tissue loss - and so the clever surgeons take the skin to cover the injury from somewhere else and then do a bit of slipping and sliding over the healthy site which is likely to heal better and quicker.

Was the skull fractured ( bone broken) ? If both the bone and the skin over it was broken then it counts as a compound fracture and these can be very troublesome.

These injuries are uncommon but foreseeable - hope he is better.

and ... sorry I dont know about the sentence.

[Peter Pedant]

I have read them just - Your brother would be unlucky to be in the category of lesser harm !