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what sentence will my brother get?
my brother is 21 years old he has just been found guilty at crown court of section 18 wounding with intent and section 20 he has to go back in three weeks to find out his sentence. he hit someone 5 times over the head with a small claw hammer there were no head fractures just deep wounds. it was in self defence because this man had his hands round my brothers neck. how lon do you think he will have?
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For more on marking an answer as the "Best Answer", please visit our FAQ.There appears to be some information missing in your post. You state that you brother was found guilty of a Section 18 offence and a section 20 offence as well but you've not told us how (if at all) the Section 20 offence was related to the more serious Section 18 one.
The 'starting point' sentence for a Section 18 offence, committed by a first-time offender convicted after a trial, where a weapon was used which came to hand at the scene and where the victim did not suffer very serious or life-threatening injuries is 5 years imprisonment. Judges are obliged (unless there are genuinely exceptional circumstances) to pass a sentence in the range of 4 to 6 years. The element of provocation might tend to push the sentence downwards but any previous convictions (and/or the Section 20 offence) might push it higher.
Based on that, a sentence of around 5 years seems to be quite likely.
Source:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
(Refer to the table on Page 13).
Chris
The 'starting point' sentence for a Section 18 offence, committed by a first-time offender convicted after a trial, where a weapon was used which came to hand at the scene and where the victim did not suffer very serious or life-threatening injuries is 5 years imprisonment. Judges are obliged (unless there are genuinely exceptional circumstances) to pass a sentence in the range of 4 to 6 years. The element of provocation might tend to push the sentence downwards but any previous convictions (and/or the Section 20 offence) might push it higher.
Based on that, a sentence of around 5 years seems to be quite likely.
Source:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
(Refer to the table on Page 13).
Chris