section 18

[ladydonna198]

.My boyfriend is out on bail at the moment hes due for sentencing in Jan-08, Hes pleading guilty to a section 18 as they have full video evidence of him stabbing the guy in the face, But its bad yes i agree what he did was wrong hes knows this. They had beaten him quit bad in side the club and he armed him self out side that's how it looks on the camera. I feel bad as he is a really nice person hes polite to every one, Im the one that has to argue with people he hates it and has to walk off. Im not sure how long hes gona get any ideas? Thanx

[WoWo]

"I feel bad as he is a really nice person"

Sounds charming, as somebody who has serious facial disfigurment because somebody broke a bottle in my face I can say I couldn't give a toss if somebody beat him up in a club.

Once he has served his time he will be able to get on with his life however his victim, like me, will have to look in the mirror every day and deal with it until the day they die.

[busta233]

This charge can carry a maximum life sentence but your'e partner could possibly receive four to five years (serving half). The worst thing he did was harm himself, whatever happens you should never harm yourself with a weapon.

[ladydonna198]

Thanxs busta233 but he has not harmed im self, he hads not touched a person since this insedent,

And to WoWo its not nice what hes done because if i had been scared for life i wouldnt go out i feel for you we are not horrible people wanting to get off with this my partner knows he has to pay as he cant change whats hes done to this boy. We are not after simpathy here im just asking a question.

[busta233]

Some bitter people will put nasty things on this site because of what your partner has done. These are people that donot understand that your partner possibly hamred himself because he was frightened of what may have happened outside after he had been beaten up. On the other hand a jury will not look at it like that. they will see that your partner was harmed and intentionally stabbed this person, causing him grevious bodily harm and because he had a weapon there was intent there. because your partner has done the right thing and gone guilty and he is remorseful for his actions, it will not be heard before a jury and the judge will just sum it up. Your partner must send a letter to the judge apologising for his behaviour and also enclose one to send to the family. Get as many character references together to give to your brief in plenty of time for the sentencing - give copies to probation for his report. If he has no prrevious and is normally a decent person then the sentence will not be excessive, but for what he has done he does deserve a custodial sentence and that will be around 4 to 5 years (i hope). Normally if they think your partner is a danger to the public they will remand him in custody till his sentencing date, so the fact that he out on bail goes some way to how theymay look at his sentence. Hope all goes well. When he gets out of prison he will have a hard time and he MUST keep his head down.

A lot of people think that prison is a holiday camp - it is not. They also think that when you come out you can just carry on as normal - believe me - you cannot. So anybody who wants to moan and complain about what this person does not understand what prison is all about.

I hope it all goes as well as it possibly can for you and you and your partner can stay together through this.

[Rollo]

You say he "armed himself outside the club". With what? Where did he get it from?

If the prosecution can show premeditation then the sentence is likely to ge harsher.

Also, if he has previous unspent convictions those would count against him.

[Rollo]

Busta, I think you are confusing things by saying "harmed" when you mean "armed".

There will be no jury because he has already pleaded guilty.

[busta233]

Rollo - I know - i spelt it wrong - sorry. I also stated in my second answer that it will not go before a jury because he as gone not guily - bit long winded really - Monday morning and all that.

I am not a legal rep just going off personal experience and sometimes it can help.

[busta233]

Rollo - see look done it again - meant GUILTY. Think I'll have a rest from answering for a day or two now.

[ladydonna198]

Busta233, Thank you for that we have a good barrister and he has a good family behind him none of which think he did right. We have good references as he does charity work for a local church that hes mum attends. To be hoist people have the right to air there views if they have been a victim of the similar they will want my partner locked away and kept there for good, As I said he can not change what hes has done. He even went and tried to apologies which may not sound a lot, But the boys tried to bottle my partner as some sort of pay back, But my partner refused to go to the police, This all happened 2 years ago and its going getting to court now. Fingers crossed because 4-5 years is a long time and we live together have a daughter and it would be unbearable.

[ladydonna198]

No busta233 you have helped.

Rolla - the guy was stabbed with the top of a bottle while fighting. in the video footage its all so graphic my partner cried watching it as he has never seen it and it was a long time ago hes discussed with him self. But none of that really helps we just have to remember hes reformed now and i worry prison will make him an agree person? I wouldn�t know as i have never been

[jake-the-peg]

From sentencing guidelines

...
108. In Harwood,114 it was suggested that a deliberate glassing should attract a minimum of three years imprisonment and, in an Attorney-General�s reference,115 the Court of Appeal stated that the tariff for such offences should normally be five years.
...
http://www.sentencing-guidelines.gov.uk/docs/A SSAULTS-Consultation-paper.pdf

However if he's considered a danger to the public he could receive an IPP which would mean that he cannot be released until the tarrif has expired AND is not considered a danger.

see IPP here: http://www.hmprisonservice.gov.uk/adviceandsup port/prison_life/lifesentencedprisoners/

[busta233]

Although his charge is one of GBH with intent, he has no previous convictions and as a good family background. The judge as given him bail whilst awaiting sentencing. These things normally go for you upon sentencing. If the judge thought he was a danger to the public he would have sent him into custody whilst awaiting his sentence.

Although there is a big outcry about IPPs at the moment and judges were issuing them to this type of, and i know (from experience) that this charge carries an IPP, judges have been told that they are only to issue these IPPs now if they find that the person they are sentencing is deemed a danger to public. It was supposed to be run along the same lines as "3 strikes and your out".

There are a lot of changes going on with IPPs because of the judges issueing them willy nilly it has caused considerable overcrowding in the prisons, causing prisoners to be released early. So judges are being warned about this on sentencing.

Someone close to me was sentenced and we were told by his barrister that he would receive an IPP. He had a few GOOD character references, one being mine and his barrister and an excellent probation report (this bodes well) saying he was low risk of re-offending - upon this he received 2 1/2 years, serving 15 months (he will get an early release ddate because of the overcrowding situation - but only 18 days and he has to be on enhanced regime).

So - at the moment the IPPs are just being picked out of the air by some judges and others are staying away from them. I think it depends on the judge and the probation report as to the charge.

I know people in prison that have received IPPs for next to nothing, but they are re-offenders and people who have been charged on a section 18 and 20 and not received one.

[jake-the-peg]

I'd agree that an IPP is unlikely given that he's out on bail but glassing someone is seen as a very serious offense.

As the guidelines point out the recommendation is at least 3 years and normally 5 as a tarriff. that is time actually served (not just the sentence)

There is one other important point regarding whether or not he deliberately broke the bottle.

From the same source:

109. The deliberate breaking of a glass before using it as a weapon will indicate a greater intention on the part of the offender to cause harm and therefore a higher level of culpability. The Court of Appeal stated in Chewings116 that there was a �significant distinction� between those offences involving a deliberate breaking of a glass and those where the glass is not deliberately broken. However, in the case of Reader,117 it was pointed out that the force of the blow struck by the offender caused the glass to break on impact. Clearly there is a risk of this when using a glass as a weapon and the extent to which the breaking of a glass, prior to using it as a weapon, affects the seriousness of the offence may be limited.

[ladydonna198]

Jake-the-peg

So if the courts watches the video and decides that the bottle was broken prior to the incident in question he would get longer then 5?

[jake-the-peg]

No the point is that if someone grabs a bottle, breaks it and attacks somebody with it there is a greater degree of intent associated with the crime than if the bottleor glass were whole and broke when used as a weapon.

Presumably if the bottle were broken when he grabbed it the same distinction would apply.

Basically it's worse if you deliberately break the glass or bottle to make it a more damaging weapon

[bullseye]

My partner got 2 years for self defence. Your partner probably will receive less according to the law because tha\t is the way it is. The law is a an ass.There is no such thing in this country as self defence. If we lived in usa there would be no trial, no arrest because it was self defence. So ******** to it all and thats the way it is!!!!