Quizzes & Puzzles4 mins ago
Advice Needed Please Tia
4 Answers
A friend of mine sister and partner (Both who had been drinking) had what she described as a minor argument , she called a taxi to remove herself from this argument to stop it escalating, when she received a blow to the jaw, she didn't see it coming and remembers nothing until she came around, covered in blood, she did notice that there was now no one in the house and the front door was left open. She staggered to the taxi and asked to be taken to the hospital, whilst in the taxi she found that she was bleeding heavily from the mouth and on arrival at the hospital, it was discovered that she had been bitten on the upper lip and also had several wounds inside the mouth one which was 5 inches long. It was decided that she needed plastic surgery to to lip wound and it was clear that it was a bite as the teeth marks could clearly be seen. Altogether she had to have well over 100 stitches and now after three months the scars on the upper lip are still clear and further surgery may be needed.
The accused was arrested and remanded but was released on bail by the magistrates court as any crown court trial would not take place for at least 6 to nine months and felt this too long a period in case the accused was found not guilty. He was instructed not to contact his partner and family, either directly or indirectly until after the trial. He blatantly ignored this and broke the bail conditions by getting in touch with the girl and tried "Trying to talk her around" stating "I may get 7 years if you carry on with this" During the few days of his freedom The police took further statements and importantly the accuser then made a statement after being released form hospital after 3 days (Still says she cant remember) and then the police appealed against the bail decision which was accepted by the court and the accused then was sent back on remand to prison which is where he remains to date. The accused has said that the girl fell down the steps and that the injuries are self inflicted (Why run ?) The DPP have charged the accused of wounding with intent (Section 18). The police have advised that it depends on what is stated in the medical evidence as to what happens in court. The accused has had previous had protection orders against him during his previous marriage, and again this has been put in place by the court , however though his relatives there been several attempts to contact the injured party and now the police have visited the accused family and warned them as to their future conduct.
After online research I am trying to assist my friend and his daughter. I unable to find that the accused can offer can mitigating circumstance and the possible fact that the accused has allegedly followed the injured party to the ground ,after rendering her unconscious and possibly carried out the horrific act.
Please can anyone advise of any possible scenario's and sentences that maybe passed by the Judge.
The accused was arrested and remanded but was released on bail by the magistrates court as any crown court trial would not take place for at least 6 to nine months and felt this too long a period in case the accused was found not guilty. He was instructed not to contact his partner and family, either directly or indirectly until after the trial. He blatantly ignored this and broke the bail conditions by getting in touch with the girl and tried "Trying to talk her around" stating "I may get 7 years if you carry on with this" During the few days of his freedom The police took further statements and importantly the accuser then made a statement after being released form hospital after 3 days (Still says she cant remember) and then the police appealed against the bail decision which was accepted by the court and the accused then was sent back on remand to prison which is where he remains to date. The accused has said that the girl fell down the steps and that the injuries are self inflicted (Why run ?) The DPP have charged the accused of wounding with intent (Section 18). The police have advised that it depends on what is stated in the medical evidence as to what happens in court. The accused has had previous had protection orders against him during his previous marriage, and again this has been put in place by the court , however though his relatives there been several attempts to contact the injured party and now the police have visited the accused family and warned them as to their future conduct.
After online research I am trying to assist my friend and his daughter. I unable to find that the accused can offer can mitigating circumstance and the possible fact that the accused has allegedly followed the injured party to the ground ,after rendering her unconscious and possibly carried out the horrific act.
Please can anyone advise of any possible scenario's and sentences that maybe passed by the Judge.
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GBH with intent S18 is a VERY serious charge , it is always a prison sentence. The bite marks will be matched to the attackers teeth and will be 'cast iron' evidence, even if the victim can't remember any of the attack. The hospital will also have taken swabs which will provide DNA of the attacker, more solid evidence.
In domestic violence cases the CPS have a policy of always prosecuting if they think there is a realistic chance of success, in this case there is a virtual certainty of success. This will go ahead no matter what the victim says.
So this case WILL be prosecuted and the victim can not alter that.
It is simply not up to the victim to go ahead with the case or not , the CPS will go ahead even if the victim refuses to testify.
Sentencing guidelines are here
https:/
I think this will be classed as Cat 1 , meaning the starting point is 12 years in jail . Even if it is classed as Cat 2 the starting point is still 6 years.
In domestic violence cases the CPS have a policy of always prosecuting if they think there is a realistic chance of success, in this case there is a virtual certainty of success. This will go ahead no matter what the victim says.
So this case WILL be prosecuted and the victim can not alter that.
It is simply not up to the victim to go ahead with the case or not , the CPS will go ahead even if the victim refuses to testify.
Sentencing guidelines are here
https:/
I think this will be classed as Cat 1 , meaning the starting point is 12 years in jail . Even if it is classed as Cat 2 the starting point is still 6 years.
Looking at it from the offender's viewpoint (which I know isn't how you'd want to see it but it's how his barrister must look at it), his best chance of getting a relatively light sentence might be to try to get 'Section 18' (GBH with intent) dropped down to 'Section 20' (GBH). i.e. he could admit that he did strike out but state that he had no intention of causing such serious injuries. See this information, from the Crown Prosecution Service website, to read what adds 'with intent' onto a 'GBH' offence:
http://
However if the medical evidence shows that such injuries could have only come about through a repeated attack then his chances of getting 'with intent' dropped are probably nil.
When passing sentence in an assault case, a judge must consider the twin elements of 'harm' and 'culpability'. If he considers that both fall into the 'higher' classification he regard to offence as 'Category 1'. If one factor is seen as 'higher', with the other as 'lower', it's 'Category 2'. If both are at the 'lower' end of the scale, it's 'Category 3'.
If it can be established that a repeated attack was carried out, in a domestic situation, against a victim who took no active part in the violence, the judge might well consider that 'culpability' should be classed as 'higher'. The level of injuries which constitute 'GBH' are already significantly high, so they have to be exceptionally bad for 'harm' to also be pushed into the 'higher' classification. However injuries which might lead to permanent physical scarring (plus, quite possibly, psychological scarring too) could well qualify as 'higher'.
So (as I see it, based upon what you've written), the best the offender could hope for would be to sentenced at 'Category 2' level, with quite a high possibility that he'll be sentenced for a 'Category 1' offence.
The 'starting point' for a 'Category 2' offence (from which a judge must work up or down) is one of 6 years' imprisonment. Other than in very exceptional circumstances, a judge can't pass a sentence of lower than 5 years or greater than 9 years. Given that his previous convictions would probably push sentencing upwards, the offender's own guess of 7 years might prove to be remarkably accurate (if the offence is classed as 'Category 2').
If the offence is classed as 'Category 1' though, the starting point is one of 12 years' imprisonment, with an available range (other than in exceptional circumstances) of 9 to 16 years.
Note 1: Those sentences can be cut by one third for an early guilty plea (which there doesn't seem to be any sign of yet, based upon what you've written), or rather less for a guilty plea entered at a later stage.
Note 2: The actual time an offender spends 'banged up' is usually half of the nominal sentence period.
See pages 3 to 6 here to read what the judge has to take into account when passing sentence:
https:/
http://
However if the medical evidence shows that such injuries could have only come about through a repeated attack then his chances of getting 'with intent' dropped are probably nil.
When passing sentence in an assault case, a judge must consider the twin elements of 'harm' and 'culpability'. If he considers that both fall into the 'higher' classification he regard to offence as 'Category 1'. If one factor is seen as 'higher', with the other as 'lower', it's 'Category 2'. If both are at the 'lower' end of the scale, it's 'Category 3'.
If it can be established that a repeated attack was carried out, in a domestic situation, against a victim who took no active part in the violence, the judge might well consider that 'culpability' should be classed as 'higher'. The level of injuries which constitute 'GBH' are already significantly high, so they have to be exceptionally bad for 'harm' to also be pushed into the 'higher' classification. However injuries which might lead to permanent physical scarring (plus, quite possibly, psychological scarring too) could well qualify as 'higher'.
So (as I see it, based upon what you've written), the best the offender could hope for would be to sentenced at 'Category 2' level, with quite a high possibility that he'll be sentenced for a 'Category 1' offence.
The 'starting point' for a 'Category 2' offence (from which a judge must work up or down) is one of 6 years' imprisonment. Other than in very exceptional circumstances, a judge can't pass a sentence of lower than 5 years or greater than 9 years. Given that his previous convictions would probably push sentencing upwards, the offender's own guess of 7 years might prove to be remarkably accurate (if the offence is classed as 'Category 2').
If the offence is classed as 'Category 1' though, the starting point is one of 12 years' imprisonment, with an available range (other than in exceptional circumstances) of 9 to 16 years.
Note 1: Those sentences can be cut by one third for an early guilty plea (which there doesn't seem to be any sign of yet, based upon what you've written), or rather less for a guilty plea entered at a later stage.
Note 2: The actual time an offender spends 'banged up' is usually half of the nominal sentence period.
See pages 3 to 6 here to read what the judge has to take into account when passing sentence:
https:/
^ As Chris says, the offender's best hope is to plead guilty and get the reduction in sentence. I can't see any chance of a not guilty verdict.
He will be VERY lucky to get away with less than 5 years.
I just want to stress that if this case is prosecuted or not has NOTHING to do with the lady who was the victim. It is the policy of the CPS to always prosecute even if the victim refuses to press charges or refuses to make a statement. The assailant and his family are not just wasting their time in trying to get the victim to change her mind, they are risking further charges.
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He will be VERY lucky to get away with less than 5 years.
I just want to stress that if this case is prosecuted or not has NOTHING to do with the lady who was the victim. It is the policy of the CPS to always prosecute even if the victim refuses to press charges or refuses to make a statement. The assailant and his family are not just wasting their time in trying to get the victim to change her mind, they are risking further charges.
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