Quizzes & Puzzles2 mins ago
what shall i do now
I'm being charged with section 18.GBH. in a argument with my wife i hit her with a glass ash tray,causing a cut to her forehead needing 4 stitches, Ive been remanded to the crown court.
if I'm convicted how long will i get?
if I'm convicted how long will i get?
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'Section 18' is an extremely serious charge. (It carries a maximum penalty of life imprisonment).
The 'starting point' for sentencing of the least serious Section 18 offences is 4 years imprisonment, with judges required to sentence in the range of 3 to 5 years unless there are good reasons not to do so. (A guilty plea, from a first time offender, at an early stage might get the sentence reduced rather lower).
However, Section 18 is 'GBH with intent'. A cut requiring 4 stitches does not amount to 'GBH' (and thus 'with intent' doesn't come into it). The only exception would be if the cut resulted in permanent disfigurement (which would have to be 'more than minor'). A decent barrister should be able to get the charge dropped to Section 47 (ABH), with the likelihood of a non-custodial sentence (unless there's a past history of violence).
Read through Sections 4 and 5, here, to see why I state that ABH should be the correct charge:
http://www.cps.gov.uk/legal/section5/chapter_c .html#09
Chris
The 'starting point' for sentencing of the least serious Section 18 offences is 4 years imprisonment, with judges required to sentence in the range of 3 to 5 years unless there are good reasons not to do so. (A guilty plea, from a first time offender, at an early stage might get the sentence reduced rather lower).
However, Section 18 is 'GBH with intent'. A cut requiring 4 stitches does not amount to 'GBH' (and thus 'with intent' doesn't come into it). The only exception would be if the cut resulted in permanent disfigurement (which would have to be 'more than minor'). A decent barrister should be able to get the charge dropped to Section 47 (ABH), with the likelihood of a non-custodial sentence (unless there's a past history of violence).
Read through Sections 4 and 5, here, to see why I state that ABH should be the correct charge:
http://www.cps.gov.uk/legal/section5/chapter_c .html#09
Chris
nice to know we're on the same wavelength Dolly. Speaking as an (ex) wife who had similar things aimed at her, including a pressure cooker weight, knife, shotgun, remote control, a bunched fist with an 18 stone man on the end of it - I don't think christie1 can expect to get too much sympathy on this one.
Advice yes, everyone's entitled to that. But sympathy? Even if there were 'mitigating circumstances'. (there always are with this type of person)... I think a good stretch might make him think before the next time (there always is with this type of person).
Advice yes, everyone's entitled to that. But sympathy? Even if there were 'mitigating circumstances'. (there always are with this type of person)... I think a good stretch might make him think before the next time (there always is with this type of person).
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