Charged With Gbh 20 And Pled Guilty

[Johnchap40]

I have pled guilty today in magistrates court for gbh 20 and I have to be in crown court in a few weeks time will I go to prison

[Maydup]

The sentence will depend on the circumstances and other factors that have come about as a result of the incident. I'm no expert, but I think it could range from from community service to 4 years custodial.

[murraymints]

keep us informed....much will depend on the details I think...

[Johnchap40]

I have a job. Family never been in trouble but I did scar a women for life in a moment of reckless stupidty

[murraymints]

New Judge or Barmaid are the legal beagles here...I expect they will add an informed reply...pleading guilty and demonstrating remorse will help I think....

[EDDIE51]

You said you 'scarred a woman for life?'
Sorry, but that looks like a certain jail sentence to me. Only Murder and attempted murder are more serious than GBH with intent. Which is I think the 'common' name for GBH 20.

[EDDIE51]

If all else is in your favor, you may well get the sentence 'suspended.' That means nothing will happen unless you get arrested again while still on the suspension. But it does seem you are looking at a prison term.

[spathiphyllum]

GBH 20 isn't as bad as GBH 18

GBH 20 implies there was no intent.

[Rockrose]

As Murray states - hopefully the legal experts will be along to give you the correct and informed answer soon.

[Jackdaw33]

GBH with intent is s 18, not s. 20.

[spathiphyllum]

Regardless who knows what, no one knows if this person will go to prison or not. It is entirely situational.

You could be facing anything from a suspended sentence to 5 years.

[Jackdaw33]

The fact that you have been remanded to Crown Court means the magistrates consider their sentencing powers to be insufficient so I am afraid you are looking at a prison term in excess of 6 months.

[EDDIE51]

Go to the CAB (Citizens Advice Bureau) and ask to speak to the Legal advisers.They are the ones with all the knowledge, they will also send an adviser to court with you to assist and advise you.

[Buenchico]

The judge has to look at two factor, 'harm' and 'culpability', in order to decide which 'category' the offence falls into.

'Harm' might be seen as 'greater' if, say, the injuries inflicted were particularly severe (perhaps requiring a lengthy stay in hospital), if they resulted in substantial psychological damage to the victim, if they resulted in significant life-long scarring or if the victim was particularly vulnerable for some reason. Otherwise 'harm' might be seen as 'lesser'.

'Culpability' might be seen as 'higher' if the offence came about due to homophobia or some other form of prejudice or if a weapon was used. [NB: The courts regard kicking someone, while wearing shoes, or headbutting them, as 'using a weapon']. Otherwise it might be seen as 'lower'.

If 'harm' is seen as 'lesser' and 'culpability' is seen as 'lower', then it's a Category 3 offence and you stand a very good chance of avoiding a custodial sentence (especially with an early guilty plea).

If 'harm' is seen as 'greater' but culpability is still seen as 'lower' (or 'harm' is 'lower' but 'culpability' is higher) then it's a 'Category 2' offence and (unless there are VERY exceptional circumstances) the judge MUST pass a custodial sentence. That might typically be around 12 months. (i.e. 18 months cut by a third due to an early guilty plea). However sentences not exceeding 2 years can be suspended, so you MIGHT still avoid prison.

If both 'harm' and 'culpability' are seen at the upper level then it's a 'Category 1' offence where, again the judge MUST pass a custodial sentence, with the chances of it being suspended probably being extremely slim.

'Section 20' offences are 'either way', meaning that the magistrates could have dealt with the matter themselves if they'd believed that their sentencing powers were great enough. The fact that they've sent the matter to the Crown Court means that they were of the opinion that a prison sentence of greater than 6 months is required. However judges don't always agree with magistrates, so it's not unusual for offenders sent to the Crown Court for sentencing to avoid prison. However it might still be wisest to pack a bag.

See pages 7 to 10 here to read exactly what the judge is required to refer to when considering sentence:
https://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf

[EDDIE51]

As said PLEASE go to the CAB and get an adviser to go with you . It may well be the difference between going to jail or not.