News34 mins ago
Can I Go Prison For Gbh
I was arrested for gbh is there any chance I will go prison
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When determining the sentence for an assault offence, the court has to assess both 'harm' and 'culpability'. If both are seen as 'higher' it's classed as a 'Category 1' offence. If one of the two factors is seen as 'higher', but the other is 'lower', then it's 'Category 2'. If both are seen as 'lower' it's 'Category 3'.
If you're only being prosecuted for 'GBH' (rather than 'GBH with intent') a Category 3 offence might well attract a non-custodial sentence. A Category 2 offence would receive a custodial sentence (but it might be suspended). A Category 1 offence would receive an immediate custodial offence.
(See pages 7 to 10 here: https:/ /www.se ntencin gcounci l.org.u k/wp-co ntent/u ploads/ Assault _defini tive_gu ideline _-_Crow n_Court .pdf )
If you're being prosecuted for 'GBH with intent' an immediate custodial sentence is effectively inevitable. (There would have to be VERY exceptional circumstances to avoid it, such as you having attacked your child's killer, who'd taunted you about the matter, and you also having sole responsibility for the care of another child who's severely disabled. In around half a century of following court reports, I've only ever seen ONE case where someone convicted of GBH avoided immediate custody).
[See pages 3 to 6 in my link]
If you're only being prosecuted for 'GBH' (rather than 'GBH with intent') a Category 3 offence might well attract a non-custodial sentence. A Category 2 offence would receive a custodial sentence (but it might be suspended). A Category 1 offence would receive an immediate custodial offence.
(See pages 7 to 10 here: https:/
If you're being prosecuted for 'GBH with intent' an immediate custodial sentence is effectively inevitable. (There would have to be VERY exceptional circumstances to avoid it, such as you having attacked your child's killer, who'd taunted you about the matter, and you also having sole responsibility for the care of another child who's severely disabled. In around half a century of following court reports, I've only ever seen ONE case where someone convicted of GBH avoided immediate custody).
[See pages 3 to 6 in my link]
// no-one here could give you a definitive answer.//
yes I do:
yes there is a chance you go to prison.
[ depending on the facts]
If you get charged. You need to get a lawyer for this one - yeah yeah you cant afford one and so you tried Ab instead.
you need a lawyer - if you get hooked in for further questioning.
yes I do:
yes there is a chance you go to prison.
[ depending on the facts]
If you get charged. You need to get a lawyer for this one - yeah yeah you cant afford one and so you tried Ab instead.
you need a lawyer - if you get hooked in for further questioning.
oops sorry NJ does this full time so follow his advice
AND
//If you're being prosecuted for 'GBH with intent' an immediate custodial sentence is effectively inevitable. //
erm lets keep up the lawyerly gobbledegook boys and gurlz
that should be
If you're convicted for 'GBH with intent' an immediate custodial sentence is effectively inevitable.
convicted: if you are convicted - you may well go to prison
[we have standards to keep up in LaW threads - this isnt News!]
AND
//If you're being prosecuted for 'GBH with intent' an immediate custodial sentence is effectively inevitable. //
erm lets keep up the lawyerly gobbledegook boys and gurlz
that should be
If you're convicted for 'GBH with intent' an immediate custodial sentence is effectively inevitable.
convicted: if you are convicted - you may well go to prison
[we have standards to keep up in LaW threads - this isnt News!]