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Gbh With Intent
my partner went out last sunday to watch the football with 3 of his friends, he said he was in the put and there was a big lad about 6ft tall. (much taller than my bf) he started picking at my partner - my partner said he was trying to put his elbow in in face and generally just trying to wind him up..he ignored him for a while and then my partners mate ended up knocking him out unconcious on the floor. then stupidly my partner went over to him and punched him (whilst unconscious ) 5 times in the head. he then left the man an ran away, later that night he got arrested for GBH with intent- as the man had a fractured eye cheek bone and cracked jaw plus stitches to his eye and chin. he has to go back to the police station soon to anser his bail and then i think it will goto court. im just wondering if he will get sent to jail for this? Please can anyone help?
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No best answer has yet been selected by amylou1. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.If the charge remains at GBH with intent then yes. GBH with intent is the most serious of the "Offences against the person" (other than those that result in death) and the sentencing range for offences at the very lowest end of the seriousness range is between three and five years custody. CPS guidelines are here:
http:// www.cps .gov.uk /legal/ s_to_u/ sentenc ing_man ual/wou nding_o r_infli cting_g rievous _bodily _harm_w ith_int ent/
http://
The first step that the Crown Prosecution Service has to use when determining an assault charge (and a court subsequently has to use when determining whether it's the correct charge) is to examine the extent of the injuries sustained by the victim. With the injuries you've described, there would seem to be no doubt that 'GBH' (rather than, say, 'ABH') is appropriate.
Then, with a GBH charge, the CPS (and court) need to decide if 'with intent to do some grievous bodily harm' should be added to the charge. It's ultimately up to a court to decide whether or not 'intent' was present but the CPS has provided guidance here
http:// www.cps .gov.uk /legal/ l_to_o/ offence s_again st_the_ person/ #a16
and my view (based upon your account of the events) is that 'with intent' is most certainly justified.
With luck your husband's offence might be seen as Category 3,which means that the minimum sentence that can be passed will be one of 3 years imprisonment minus a third for an early guilty plea = 2 years. Offenders are normally released at the halfway point in their sentence, so he'd actually serve 1 year in prison. (That's assuming the minimum sentence being passed; 4 years less a third might be more realistic, so that's 2 years 8 months, meaning 1 year 4 months actually 'inside').
However it's possible that (through hitting someone who was unconscious) 'culpability' might be seen as 'high', making it a Category 2 offence. If so, the minimum sentence that could be passed would be one of 5 years less a third = 3 years 4 months, meaning 1 year 8 months actually spent in prison. (Again, a slightly higher sentence, of 6 years minus a third, might be more likely. So that would actually mean 2 ywears in prison)
So it looks like your husband will spend between 1 and 2 years actually 'banged up', plus the same amount of time on licence (when he'd have to report to probation officers and be barred from things like foreign travel, plus being at risk of immediate return to prison if he fell foul of the law again during that period).
You ask whether the case will go to trial. That could only happen if he pleaded 'not guilty' (which would appear to be madness as it would simply increase his sentence). His first court appearance will be in the magistrates court, where the case will automatically be referred to the Crown Court. There might be one or two procedural hearings, followed by a sentencing hearing.
Then, with a GBH charge, the CPS (and court) need to decide if 'with intent to do some grievous bodily harm' should be added to the charge. It's ultimately up to a court to decide whether or not 'intent' was present but the CPS has provided guidance here
http://
and my view (based upon your account of the events) is that 'with intent' is most certainly justified.
With luck your husband's offence might be seen as Category 3,which means that the minimum sentence that can be passed will be one of 3 years imprisonment minus a third for an early guilty plea = 2 years. Offenders are normally released at the halfway point in their sentence, so he'd actually serve 1 year in prison. (That's assuming the minimum sentence being passed; 4 years less a third might be more realistic, so that's 2 years 8 months, meaning 1 year 4 months actually 'inside').
However it's possible that (through hitting someone who was unconscious) 'culpability' might be seen as 'high', making it a Category 2 offence. If so, the minimum sentence that could be passed would be one of 5 years less a third = 3 years 4 months, meaning 1 year 8 months actually spent in prison. (Again, a slightly higher sentence, of 6 years minus a third, might be more likely. So that would actually mean 2 ywears in prison)
So it looks like your husband will spend between 1 and 2 years actually 'banged up', plus the same amount of time on licence (when he'd have to report to probation officers and be barred from things like foreign travel, plus being at risk of immediate return to prison if he fell foul of the law again during that period).
You ask whether the case will go to trial. That could only happen if he pleaded 'not guilty' (which would appear to be madness as it would simply increase his sentence). His first court appearance will be in the magistrates court, where the case will automatically be referred to the Crown Court. There might be one or two procedural hearings, followed by a sentencing hearing.
Yes, jail for at least 2 years is all but certain. I can not see anyway he will get out of this without at least 2 years inside!
Get him to plead guilty at the first chance and makhe sure he is really sorry and remorsefull and with the automatic reduction in sentence plus time out 'on tag' he just may be out in under a year.
Get him to plead guilty at the first chance and makhe sure he is really sorry and remorsefull and with the automatic reduction in sentence plus time out 'on tag' he just may be out in under a year.
hitting him once while unconscious might just be seen as a mistake (even though the other man was on the floor); to do so five times, and to the head, is likely to count against him. Running away will also suggest that he knew what he was doing. As Buenchico says, his best bet would be to plead guilty.
http:// i61.tin ypic.co m/16gnc sn.jpg
if you do use the site, select the 'sentences' tab and in the little box that appears, select 'advanced search' then select the 'offence title' and 'offence', as shown in the attached pic.
if you do use the site, select the 'sentences' tab and in the little box that appears, select 'advanced search' then select the 'offence title' and 'offence', as shown in the attached pic.
Feel for you amylou I'm not here to judge but I just wanted to make you feel you had done the right thing by being truthful and seeking salient advice in order to minimise his sentence.
Stick in there, often law abiding people sadly succumb to provocation.I won't elaborate as to what might have made things better or you wouldn't be here but I just want to wish you well, we all mistakes (although you wouldn't think it) but it looks like he is paying the penalty and to be honest he went too far.I just want you to know that we are here to support you at all times.Tough times x
Stick in there, often law abiding people sadly succumb to provocation.I won't elaborate as to what might have made things better or you wouldn't be here but I just want to wish you well, we all mistakes (although you wouldn't think it) but it looks like he is paying the penalty and to be honest he went too far.I just want you to know that we are here to support you at all times.Tough times x
Er, sorry kylesmum (and amylou) but I'm not here to do that.
In answering this question I'm simply offering advice on a topic that I have a little knowledge of. I don't know the full circumstances of the incident in question, only what I've read here. As a result it would not be appropriate for me to offer support (or not to). Examination of my answers in the law section will show that I do not condemn or pass judgement and in the interests of impartiality I do not offer support either.
In answering this question I'm simply offering advice on a topic that I have a little knowledge of. I don't know the full circumstances of the incident in question, only what I've read here. As a result it would not be appropriate for me to offer support (or not to). Examination of my answers in the law section will show that I do not condemn or pass judgement and in the interests of impartiality I do not offer support either.
NJ..i'm actually a little put out you thought my post even encompassed or disputed what you said or had said previously.I'm not qualified to advise in Law although I am in Common Sense but we'll leave that open to debate but essentially I just wanted to let the OP know that although things don't look good she can come here and crucially not be judged and perhaps offload any troubles to us....and hopefully we can be help her in any way. Please do amylou1. It often helps to discuss with people who aren't involved.