ghb first offence

[skyland]

hey ! I have been charged with gbh without intent first offence. would like to know what is the likely sentence ? Have pleaed not guilty as i acted in self defence.

[Count-A-Strong]

Hey! I've no idea.

[Buenchico]

Unless there are genuinely exceptional circumstances, judges must sentence first time offenders, convicted after a trial under 'Section 20', as follows. (In each case there's a 'starting point' sentence. The judge starts from there and then moves the sentence up or down, within the constraints shown, depending upon the circumstances of the case):

No weapon used, no pre-meditation, no particularly grave injuries or disfigurement:
SP = 24 weeks. Min = High level community order. Max = 36 weeks.

As above except assault was pre-meditated:
SP = 36 weeks. Min = 24 weeks. Max = 18 months.

Pre-meditation plus the use of a weapon OR other assault where particularly grave injury was inflicted:
SP = 18 months. Min = 12 months. Max = 3 years.

Pre-meditation, use of a weapon & particularly grave injury or disfigurement:
SP = 3 years. Min = 2 years. Max = 4 years.

It should be noted that kicking someone (while wearing shoes or boots) can be regarded as the 'use of a weapon'. It should also be noted that, in the event of a custodial sentence being passed, the actual time spent in prison is normally half of the nominal sentence.

Chris

[sumo19]

Chris

Would you mind filling me in?

How could something be 'without intent' if there was pre-meditation?

[Mamyalynne]

sumo do you take self defence to be pre meditation?

[Aloysius535]

Without intent refers to without intent to commit GBH. Premeditation relates to the act i.e. intention to assault. So you can punch someone intending to give them a black eye say but as a result they fall and break their skull - Premeditation yes - GBH with intent - no

[skyland]

Ok! here is my story ! 6 months ago i came to cardiff and married my husband after meetin him 5 years ago while in england,I here takin care of my mother, After she passed and i return to the usa. He came out there three times the followin year and moved out there the next year, how he was not able to stay as he got in trouble while there. (dui) After married my husband became very abusive the police were called and he was told to leave, but return the next day and as a result the abuse got worse. A month ago he started again slappin me, kickin me, chokin me and stabbed me in the arm. I was arrested for stabbin him back. The reason being his injury was worse than mine (4 stiches in the arm) I have never been in trouble b4 ! Acted in self defence and now iam the one in trouble and scared.

[thedominator]

Judges may sentence within the Sentencing guidelines, but the only real way to see the likely sentence is to look at what other people have got for the same offence. You can find examples of sentences on this site:

http://www.thelawpage...s/court-sentences.php

If you used the adveance search you can even search what sentences the jusge has given for the same offences in the same court which should give you the best idea.

A WORD OF WARNING - Just because a certain sentence has been given in the past it is no guaruntee you will receive the same.