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gbh
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Please can someone fill me in on a GBH charge going to crown court - what might happen?
The guy concerned is my lovely boyfriend who has no criminal record as an adult, only things when he was a minor. He has changed hugely since the fight in September - he's getting counselling, help with drink and drugs, got himself a job and now me!
I'm so worried he's going to be put away, I know the person he is now and not what he was then and when he was drunk!
Please help me
The guy concerned is my lovely boyfriend who has no criminal record as an adult, only things when he was a minor. He has changed hugely since the fight in September - he's getting counselling, help with drink and drugs, got himself a job and now me!
I'm so worried he's going to be put away, I know the person he is now and not what he was then and when he was drunk!
Please help me
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I'm no expert, and I'm sure there are others who can fill you in better.
GBH is a very serious offence, and the Crown Prosecution Service must have decided that they have enough evidence to get a successful conviction if it's now going to court. If it's GBH 'with intent', then it's more serious again. I suppose it also depends on what your boyfriend did - did he unintentionally break someone's nose or did he repeatedly beat someone to a pulp? It'll definitely impact on sentencing.
If it wasn't that violent, it wasn't 'with intent', and the judge is impressed with the help with drink and drugs, and the fact that your boyfriend has a job (depending on what that job is) then it is probably more likely that he'll stay out of prison and maybe end up with a suspended sentence. It'll still look bad on his record though.
Also, the UK's prisons are full!
GBH is a very serious offence, and the Crown Prosecution Service must have decided that they have enough evidence to get a successful conviction if it's now going to court. If it's GBH 'with intent', then it's more serious again. I suppose it also depends on what your boyfriend did - did he unintentionally break someone's nose or did he repeatedly beat someone to a pulp? It'll definitely impact on sentencing.
If it wasn't that violent, it wasn't 'with intent', and the judge is impressed with the help with drink and drugs, and the fact that your boyfriend has a job (depending on what that job is) then it is probably more likely that he'll stay out of prison and maybe end up with a suspended sentence. It'll still look bad on his record though.
Also, the UK's prisons are full!
Thank you! Yes well he was with a group of friends this guy had done something to a girl who was with them and I think the guy pushed my bf as he was walking away and he turned round with a bottle in his hand and on impulse smashed it across his head - he's not like this at all but he has had drinking problems.
The guy had a couple of stiches
The guy had a couple of stiches
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(2-part post):
There seems to be some inconsistency between the injury you state that the victim sustained and the charge that you say your boyfriend is facing.
'A couple of stitches' can't lead to a conviction for GBH. Read section 5(v), on the Crown Prosecution Service's website, for examples of the type of injuries that constitute GBH:
http://www.cps.gov.uk/legal/section5/chapter_c .html#10
If the victim really did only require a couple of stitches, your boyfriend's barrister should be seeking to get the charge dropped to ABH. See section 4(ii) for the type of injuries which are classified as ABH:
http://www.cps.gov.uk/legal/section5/chapter_c .html#09
If the charge was dropped to ABH, your boyfriend might well receive a non-custodial sentence (although it's far from certain). However, it's much more likely that the CPS have correctly categorized the victims injuries. If so, it's important to consider whether your boyfriend has been charged under Section 20 or Section 18 of the legislation. Section 20 offences carry a maximum penalty of 5 years imprisonment, whereas Section 18 ('GBH with intent') offences can result in life imprisonment. The use of a weapon can often lead to a Section 18 charge. See 6(vii) here:
http://www.cps.gov.uk/legal/section5/chapter_c .html#11
There seems to be some inconsistency between the injury you state that the victim sustained and the charge that you say your boyfriend is facing.
'A couple of stitches' can't lead to a conviction for GBH. Read section 5(v), on the Crown Prosecution Service's website, for examples of the type of injuries that constitute GBH:
http://www.cps.gov.uk/legal/section5/chapter_c .html#10
If the victim really did only require a couple of stitches, your boyfriend's barrister should be seeking to get the charge dropped to ABH. See section 4(ii) for the type of injuries which are classified as ABH:
http://www.cps.gov.uk/legal/section5/chapter_c .html#09
If the charge was dropped to ABH, your boyfriend might well receive a non-custodial sentence (although it's far from certain). However, it's much more likely that the CPS have correctly categorized the victims injuries. If so, it's important to consider whether your boyfriend has been charged under Section 20 or Section 18 of the legislation. Section 20 offences carry a maximum penalty of 5 years imprisonment, whereas Section 18 ('GBH with intent') offences can result in life imprisonment. The use of a weapon can often lead to a Section 18 charge. See 6(vii) here:
http://www.cps.gov.uk/legal/section5/chapter_c .html#11
The current sentencing guidelines state this:
"A sentence of 3 years� imprisonment should be regarded as a normal sentence for a deliberate wounding in which a broken glass or bottle is used as a weapon, in the absence of exceptional circumstances, even where there is a plea of guilty."
http://www.sentencing-guidelines.gov.uk/guidel ines/other/courtappeal/default.asp?T=Cases&cat ID=3&subject=WOUNDING%20/%20CAUSING%20GRIEVOUS %20BODILY%20HARM%20WITH%20INTENT
Without detailed information, it's hard to assess the likely outcome of the court case but I'd guess that he might be looking at a 2 year sentence (with only half of that time actually in prison). The chances of a non-custodial sentence seem to be very slim, but they might not be totally non-existent.
Chris
"A sentence of 3 years� imprisonment should be regarded as a normal sentence for a deliberate wounding in which a broken glass or bottle is used as a weapon, in the absence of exceptional circumstances, even where there is a plea of guilty."
http://www.sentencing-guidelines.gov.uk/guidel ines/other/courtappeal/default.asp?T=Cases&cat ID=3&subject=WOUNDING%20/%20CAUSING%20GRIEVOUS %20BODILY%20HARM%20WITH%20INTENT
Without detailed information, it's hard to assess the likely outcome of the court case but I'd guess that he might be looking at a 2 year sentence (with only half of that time actually in prison). The chances of a non-custodial sentence seem to be very slim, but they might not be totally non-existent.
Chris
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Thanks for the abuse but I'm asking for answers to my question not personal abuse or insults! I'm sure this is ANSWER bank not INSULT bank!?
I know him better than anyone and his only crime as a minor was possesion of a bit of weed for his brother! The guy beat up his sister a few months before (which she had not gone to the police for as she was too scared) and this guy punched my boyfriend in the back of the head causing him to fall to the ground. He went to punch him back but with the bottle in his hand the eneviatable happened...
He is not a malicious or nasty person and I am certainly not an idiot as I was beaten as a child and would not put myself through agony like that again! He IS a lovely person but only I need to worry about that part, at the end of the day none of you know him I am simply asking advice.
I know him better than anyone and his only crime as a minor was possesion of a bit of weed for his brother! The guy beat up his sister a few months before (which she had not gone to the police for as she was too scared) and this guy punched my boyfriend in the back of the head causing him to fall to the ground. He went to punch him back but with the bottle in his hand the eneviatable happened...
He is not a malicious or nasty person and I am certainly not an idiot as I was beaten as a child and would not put myself through agony like that again! He IS a lovely person but only I need to worry about that part, at the end of the day none of you know him I am simply asking advice.
Rot in hell?!
Thanks...I think if anyone should rot in hell it should be people that make judgments.
Who are you to judge!? I am asking a question not asking for you to judge me OR him!
This guy has been through so much **** in his life and he does everything for everyone around him and has got himself a good job and is looking to get a flat, he is no thug this was completely out of character and he has cried in my arms several times about this and the fact that the day before this his 2 year old nephew died....
Thanks...I think if anyone should rot in hell it should be people that make judgments.
Who are you to judge!? I am asking a question not asking for you to judge me OR him!
This guy has been through so much **** in his life and he does everything for everyone around him and has got himself a good job and is looking to get a flat, he is no thug this was completely out of character and he has cried in my arms several times about this and the fact that the day before this his 2 year old nephew died....
Er, could I point out that I did try to provide an accurate answer to your post (which seems to have gone unnoticed amongst all of the abuse)?
Could I also suggest that, when you meet your boyfriend's solicitor, you should seek answers to these questions?:
1. Has your boyfriend been charged under Section 20 or (the more serious) Section 18?
2. If it's Section 18, does the solicitor think that there's any chance of getting the charge dropped to Section 20?
3. What, exactly, are the prosecution claiming are the injuries suffered by the victim?
4. If the injuries really were only bad enough to require a couple of stitches, does the solicitor think that the charge should (or could) be dropped down to ABH?
5. Has the solicitor sought statements from the drug and alcohol referral agencies, which have helped your boyfriend, to show the progress which he's made? (Such statements could be presented to the court when sentencing is being considered).
6. Has the solicitor sought a statement from your boyfriend's employer, to say that he'll be happy to continue employing him if he's not given a custodial sentence?
Chris
Could I also suggest that, when you meet your boyfriend's solicitor, you should seek answers to these questions?:
1. Has your boyfriend been charged under Section 20 or (the more serious) Section 18?
2. If it's Section 18, does the solicitor think that there's any chance of getting the charge dropped to Section 20?
3. What, exactly, are the prosecution claiming are the injuries suffered by the victim?
4. If the injuries really were only bad enough to require a couple of stitches, does the solicitor think that the charge should (or could) be dropped down to ABH?
5. Has the solicitor sought statements from the drug and alcohol referral agencies, which have helped your boyfriend, to show the progress which he's made? (Such statements could be presented to the court when sentencing is being considered).
6. Has the solicitor sought a statement from your boyfriend's employer, to say that he'll be happy to continue employing him if he's not given a custodial sentence?
Chris
Thank you Chris, the message I posted was DEFINATELY not aimed at yourself so my apologies!
You responses have been very helpful. I believe it is section 20 he has been charged under and when we meet his solicitor next week I will make sure we ask all of those questions thank you. My boyfriend's empolyer will continue to employ him and if (hopefully not) he got a custodial sentance then he would take him back once out of prison as well. His boss is a great guy and has helped him a lot through this as well as work!
The charges dropping to ABH - I'm not sure to be honest, something we will have to talk to his solicitor about next week...
My boyfriend has been on a waiting list for counselling so as soon as he starts that (hopefully in the next week or so) we will ask them to make a statement on his progress there.
I so appreciate your help with all of this, You have been very helpful and supportive in your answers.
You responses have been very helpful. I believe it is section 20 he has been charged under and when we meet his solicitor next week I will make sure we ask all of those questions thank you. My boyfriend's empolyer will continue to employ him and if (hopefully not) he got a custodial sentance then he would take him back once out of prison as well. His boss is a great guy and has helped him a lot through this as well as work!
The charges dropping to ABH - I'm not sure to be honest, something we will have to talk to his solicitor about next week...
My boyfriend has been on a waiting list for counselling so as soon as he starts that (hopefully in the next week or so) we will ask them to make a statement on his progress there.
I so appreciate your help with all of this, You have been very helpful and supportive in your answers.
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