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ghb with intent whats the sentence
my husband has been charged with gbh with intent for the accack on me he left me with to blackeyes lumps in my head, bruising all over my face. neck, shoulders,mostly all my body, he dislocated my arm, fractured my breast bone, broke afew of my ribs also he kicked me that hard he tore my womb n made a hole in it where gas was leaking from it what showed up on the ct scan also bleeding from below because the kick was so hard i had to stay in hospital for 2 day whist i had to go through xrays ct scans internal examinations i was on a drip as my heart was to fast and they needed it to stop beating so fast that was nearly 3 weeks ago and i am still on morphine now for the pain ansleeping tablets to try and sleep as i cant seem to that at the minute as his attack is still affecting me. he is nxt due back in court on 10th sept when he does go is he likkely to get a prison sentence for what he has done and if so how llong and whould i be able to claim compensation and if so how much n would i do that through courts or an injury lawyer? i would be grateful to any answers to my questions thank you ,
Answers
Hi babyk.
Just for starters can you confirm whether your husband is currently remanded in custody pending court in Sept or is he out on bail. Also do you know whether he has entered any plea to the serious offence.
Just for starters can you confirm whether your husband is currently remanded in custody pending court in Sept or is he out on bail. Also do you know whether he has entered any plea to the serious offence.
11:09 Wed 09th Jun 2010
Hi babyk, thanks you for your answer.
A custodial sentence is highly likely and is the starting point for a Crown Judge if convicted for sec 18 assault with the intent to commit grevious / serious injury. This case is further aggravated simply by the fact that is domestic related violence etc and if convicted your husband will lose any available sentencing discount by pleading not guilty. The Crown Judge would be likely to add to any sentence if he is found guilty and you had to attend court in person to give evidence in chief.
Please remember your husband needs to be found guilty of unlawful assault before any sentence can be passed.
The difficulty with the Sec 18 assault offence is proving beyond doubt without any admissions that he 'intended' to commit serious and grave injury. The injuries have to be serious (grevious bodily harm) and this is evidenced by a medical professional. The fact that this was a prolonged and vicious attack will support the intent.
Victim Support will get involved and the police or a witness liaison officer should be keeping fully up to date with any progress and offer help is requested. They should also explain the CICA compensation system to you but hopefully you have looked at the link in my previous post.
This is only a summary but if you require any further help please ask.
The difficulty with the sec 18 offence is proving the intent to commit the serious injury
A custodial sentence is highly likely and is the starting point for a Crown Judge if convicted for sec 18 assault with the intent to commit grevious / serious injury. This case is further aggravated simply by the fact that is domestic related violence etc and if convicted your husband will lose any available sentencing discount by pleading not guilty. The Crown Judge would be likely to add to any sentence if he is found guilty and you had to attend court in person to give evidence in chief.
Please remember your husband needs to be found guilty of unlawful assault before any sentence can be passed.
The difficulty with the Sec 18 assault offence is proving beyond doubt without any admissions that he 'intended' to commit serious and grave injury. The injuries have to be serious (grevious bodily harm) and this is evidenced by a medical professional. The fact that this was a prolonged and vicious attack will support the intent.
Victim Support will get involved and the police or a witness liaison officer should be keeping fully up to date with any progress and offer help is requested. They should also explain the CICA compensation system to you but hopefully you have looked at the link in my previous post.
This is only a summary but if you require any further help please ask.
The difficulty with the sec 18 offence is proving the intent to commit the serious injury
Blimey, you have been doing your homework babyk and its a very valid point you raise.
Basically, if your husband is tried for Sec 18 and the Jury are statisfied he unlawfully assaulted you but can not agree on the issue of intent then the Sec 20 offence is the alternative offence to be convicted of.
The CPS would have charged Sec 20 if there was doubt and still could accept a plea or change down to the Sec 20 prior to trial etc.
(Again this is only a summary).
Basically, if your husband is tried for Sec 18 and the Jury are statisfied he unlawfully assaulted you but can not agree on the issue of intent then the Sec 20 offence is the alternative offence to be convicted of.
The CPS would have charged Sec 20 if there was doubt and still could accept a plea or change down to the Sec 20 prior to trial etc.
(Again this is only a summary).
dont want to be noisey but how ddo you know all this? n what if he still pleads not guilty and is foundd guilty surely no one is going to believe i fell in the bath and got all my injuries from that the police took photos of me that night of my face and body and then theres the full hospital report the worse thing is he was singing while he did it and theres evidence for that cause my neighbour heard everything
Professional medical evidence is excellent nowadays babyk and your husbands initial version of event during formal police interviews will be his downfall for various reasons.
Bascially you can say what you want in police interviews and these cretins that say such nonsense will get ripped to shreds by a Barrister at Crown level.
Bascially you can say what you want in police interviews and these cretins that say such nonsense will get ripped to shreds by a Barrister at Crown level.
obviously if he thinks he can get away with saying that he must live in coo coo land i no the police no n the pics n docs no so really i havent anyhing to worry about just hope he doesnt get away with it bein his 1st time thats y most men carry on doing it cause they get away with it being there 1st offence n it makes me sick i just hope he doesnt get a fine n probation i want to see him go down. can i ask again but dont wantt to be rude how you no all the answers? sorry!
You've received lots of useful answers but I'll restrict mine to answering the actual question within the title of your post. (i.e. "What's the sentence?")
Here's the document which judges must refer to when considering sentence:
http://www.sentencing...inst-the%20person.pdf
The table on page 13 deals with 'Section 18'. See page 15 for 'Section 20'.
The sentences shown there refer to a first-time offender convicted after a trial. An early guilty plea can see the sentence reduced by one third but previous convictions can push the sentencing range higher. Unless there are very exceptional circumstances (which the judge must explain in open court) the judge has to stick to the guidelines in that document.
Chris
Here's the document which judges must refer to when considering sentence:
http://www.sentencing...inst-the%20person.pdf
The table on page 13 deals with 'Section 18'. See page 15 for 'Section 20'.
The sentences shown there refer to a first-time offender convicted after a trial. An early guilty plea can see the sentence reduced by one third but previous convictions can push the sentencing range higher. Unless there are very exceptional circumstances (which the judge must explain in open court) the judge has to stick to the guidelines in that document.
Chris
Hi babyk i have just read your post on my question thanks for writing and really sorry to hear what you are going through and mostly what he did to you it is such a awful thing to put anyone through and my heart goes out to you hun XX Its been 14 days since you last wrote on here hun how you getting on now are you starting to feel better and able to get out yet? XX I had alot of advise given to me on here and it definately helped me put things straight in my head and deal with things much more affectively also not just advise the words of support helped me like you wouldnt believe everyone was brilliant and if i could i would like to thank them all personally one day XX Unfortunately like yourself its a waiting game and thats the worst and hardest part i think especially whrn he is going round without a care in the world and convincing friends and even family he didnt do it especially when i hear he denys hurting my daughter it has angered me to the point of wanting to cause serious damage to him but thankfully i havent acted out my revenge to that point anyway lol XX I
not sure if these people can help hun not knowing wot area u from also how far these people travel etc but anyway my health visitor put me in contact with a new group calle The Kent Advocacies they are volunteers that basically at some point had jobs in various legal departments ie ex-police the lady i got is ex-police domestic violence unit so she knows it all and is brilliant too i have to say what they are t here for is to help you in anyway they can cause as u know its such a emotional thing we going through and we dont know who to talk to or wot we should do say etc etc and thats where they do and she is doing it all on my behalf ie i wanted to go to court to see wot he said but couldnt bring myself to so ended up knowing nothing of the outcome where as now when he goes again 21st july to put in his plea she is going and will sit in the gallery listening to everything and know-one in there him or solicitor know who she is so then she can tell me everything first hand as soon as she walks out of court sounds good eh!
also i know he is breaching his bail conditions right now but not knowing betst people to deal with it also dont need anymore stress right now she is dealing with it for me so fingers crossed very soon he could be put on remand till 21st july which will please me no end XX If you want anymore info on the kent advocacies hun let know will be pleased to pass it to you if they can help you at all XX Take care hun and hope it all works in your favour keep me posted as i will you with any progress on mine xx One last thing speak to health visitors regarding a group for you its called FREEDOM hun i go to it every tuesday its couple hours with a small group of people all in same situations and each week you talk about dare i say it The Abusive Man its not as bad as it sounds it helping me come to terms with wot he did and also things he did leading up to it that not realising was a form of abuse in one way or another and it helps you with your future relaitionships to see a possible abuser before it comes to wot we have gone through but hopefully both of us wont find a man like that again cause i am thinking positive more now and i will find someone who treats me and my children the way we are ment to be treated LOVED AND RESPECTED same as you will too hun im sure of it Xx Well enough from me for now hun look after yourself and your new baby XX
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