Quizzes & Puzzles0 min ago
what sentence could i expect for GBH?
Saturday night a football team i am involved in had its annual presentation night. Towards the end of the night there was a scuffle between two of the players. One of them wanted to walk a girl home but the girl didnt want his attention, so the other lad tried to stop him. Myself and a few others pulled them apart and i was left with one of them, as i got him to a bench and tried to calm him down he started threatening to slash my throat and then the throat of the other player. This went on for a good 5 or 6 minutes until i punched him 3 times in the face. As i was being pulled away he was sitting on the edge of the bench and with no intention at all, my flailing leg caught him in the face. This wasnt intentional in any way, and to top it off i had flip flops on.
We were all very drunk at the time.
The police were called and upon theyre arrival i presented myself to them, and cooperated fully. On arrival at the station i cooperated fully with the staion team and caused no trouble in any way.
The next day when i was interviewed i was told that he had 11 stitches in his face and also a tooth had been knocked out.
I am fully remourseful and feel awful over my actions, and to top it off hes what i thought and still hopes is a friend.
Due to the nature of the incident and the initial cause of it all will this aid my case and defence?
Ive been bailed for 2 months. Also as he is a friend, should he wish to drop the charges would the CPS then take up the prosecution.
Anticipated Thanks
We were all very drunk at the time.
The police were called and upon theyre arrival i presented myself to them, and cooperated fully. On arrival at the station i cooperated fully with the staion team and caused no trouble in any way.
The next day when i was interviewed i was told that he had 11 stitches in his face and also a tooth had been knocked out.
I am fully remourseful and feel awful over my actions, and to top it off hes what i thought and still hopes is a friend.
Due to the nature of the incident and the initial cause of it all will this aid my case and defence?
Ive been bailed for 2 months. Also as he is a friend, should he wish to drop the charges would the CPS then take up the prosecution.
Anticipated Thanks
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.Regarding 'dropping the charges':
If you injure Fred Smith, the charge against you in court won't read "Fred Smith v Presh". It will read "Regina v Presh".
'Regina' (The Queen) effectively stands for 'the law of the land'. Even if Fred Smith was perfectly happy for you to injure him, the other 'victim' (i.e. 'the law of the land', a.k.a 'The Queen') wouldn't be. The CPS would still pursue the case.
The victim's injuries were at the lower end of 'GBH'. Read paragraphs 46 and 55, here, to see the difference between 'ABH' and 'GBH':
http://www.cps.gov.uk...he_person/#P189_14382
The sentencing guidelines for 'Section 20' GBH are on page 15 of this document:
http://sentencingcoun...person_accessible.pdf
You should note that the sentences there refer to a first time offender convicted after a trial. Previous offences (particularly for violence) can see sentencing pushed higher. An early guilty plea can see sentencing cut (by one third, in the case of a custodial sentence).
Chris
If you injure Fred Smith, the charge against you in court won't read "Fred Smith v Presh". It will read "Regina v Presh".
'Regina' (The Queen) effectively stands for 'the law of the land'. Even if Fred Smith was perfectly happy for you to injure him, the other 'victim' (i.e. 'the law of the land', a.k.a 'The Queen') wouldn't be. The CPS would still pursue the case.
The victim's injuries were at the lower end of 'GBH'. Read paragraphs 46 and 55, here, to see the difference between 'ABH' and 'GBH':
http://www.cps.gov.uk...he_person/#P189_14382
The sentencing guidelines for 'Section 20' GBH are on page 15 of this document:
http://sentencingcoun...person_accessible.pdf
You should note that the sentences there refer to a first time offender convicted after a trial. Previous offences (particularly for violence) can see sentencing pushed higher. An early guilty plea can see sentencing cut (by one third, in the case of a custodial sentence).
Chris