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gbh section 18

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sebije325 | 21:43 Fri 27th Mar 2009 | Law
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i want to know what it will hapend to me ,i was have un a drink in the wine bar a day time ,this other boy was siting on the table opozite me ,the in about 1 hour he ask me whay was i lookin at him,then i set im not lookin at you,then he points a finger to me i still egnoret him,in about 2 min he move up and star walkin towards me at the sme time sayn to me im goin to be ded,son as he come to my table i was so scared and i hit him with a glas then i run a way,in about 30 min i got arrestit and carged with gbh section 18,i have sein the boy after his ok ,he only got a litle scare on his fasce,but i have to go to court in may,i need to no wat it wiil hapend,and should i play gilty,
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sebije:

Sorry, but your English is very bad. Find someone to help you and then put this on again. I can't understand exactly what you're saying.
'Section 18' (GBH with intent) is an exceptionally serious charge, akin to 'attempted murder'. It carries the same maximum penalty of life imprisonment.

For a Section 18 GBH conviction (where the victim's injuries where not life threatening or particularly grave), involving the use of a weapon which came to hand at the scene (such as a glass), the 'starting point' sentence is 5 years imprisonment. Unless there are exceptional circumstances (which the judge must explain in open court) the judge can't pass a sentence of less than 4 years, or greater than 6 years..

However, those sentences refer to a first time offender convicted after a trial. Previous convictions (especially for violence) would push the sentencing range higher. An early guilty plea would see the sentence cut by up to a third.

We don't know all of the circumstances (such as any previous convictions you may have) but here's my estimate of the way the judge will pass sentence:

He'll start at 5 years. Then he'll take into account the provocation you faced, so he'll drop the sentence down to 4 years. He'll then check your previous record to see if he needs to move the sentence up again. (I'll assume that you've got no recent, or serious, convictions for violence). Then, assuming you've entered a guilty plea as early as possible, he'll knock a third off the sentence. So that comes to 2 years 8 months imprisonment.

Chris

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