s 18

[bubbly2000]

a bloke from the local pub ran up and punched a bloke twice for hitting his wife, then he kicked him to the ground, he had a fractured skull and cuts. he reckons hes going to prison cus hes being charged with s 18, but he says also that he dont remember doing it cus he was drunk n blacked out, and there were no witnesses as his wife ran off crying. do u think he'll get long sentence, hes usually a really placid chap and this is totally out of character

[sumo19]

If there were no witnesses then how is he being charged? There can't be any evidence. Is it just the two guys words against eachother?

Did the police see? Was there CCTV?

Section 18 is GBH, Im assuming with intent. So he could go to prison for any time the judge seems fit. He has a fractured skull and this is serious!

Don't really know about prison sentences, maybe a year if convicted. But it could be more like 3 or 4, I don't know.

[Buenchico]

Sumo19 writes ". . . he could go to prison for any time the judge seems fit". That's not strictly true because (unless there are very exceptional circumstances) judges have to sentence in accordance with the guidelines in this document:
http://www.sentencing...inst-the%20person.pdf
See the table on page 13. The sentences there refer to first-time offenders, convicted after a trial. Previous offences (particularly for violence) can push the sentencing range higher. An early guilty plea can see the sentence cut by one third.

So the minimum sentence is likely to be one of 2 years imprisonment (of which 1 year will actually be spent 'inside').

Chris

[sumo19]

*judge seems fit*

[scotman]

If there were no witnesses how do you know what happened?

[sumo19]

why did the wife run off crying if she didn't witness it too?

[bubbly2000]

we know what happened as it was caught on cctv and the police came and arrested him, and the cctv footage was shown to him

[bubbly2000]

apparently his wife did see him hit him and tried to pull him off the bloke but ran off crying when she couldn't. she said she called her brother to come out to stop him but the police were already there,,,i only found this out today.

[sumo19]

if its on CCTV then this is enough for a prosecution.

Preety sure he will go to jail.

[scotman]

Does the CCTV show this other person hitting the wife?

[bubbly2000]

apparently not, but the man has admitted to police he did hit her but is saying it was an accident. A mess all round one thinks...Now we hear that the solicitors are going to try and get he charge reduced to s20 as it was without intent, no pre-meditation and no weapon used....