Is This A Definite Section 18 Charge?if So What Category?

[1ofmanyvictims]

I was a victim of an unprovoked assault 2 weeks ago as I was out with my gf. I was speaking to a friend whilst some idiot told me not to speak to him. I explained I knew him and continued my conversation. The idiot interrupted me again and said don't speak to him because you a dirty f*****g screw(I'm a prison officer). He then pushed me across the bar in to a group of his friends and attempted to punch me. I used reasonable force proportionate to the risk to defend myself which resulted in the idiot on his backside on the floor which I think hurt his pride in front of his many friends( some of who I recognised from spending time in prison). I'm friendly with the door staff but they apologised to me and asked me to leave which me an my gf did. There were many police officers outside as I waited with my gf as I expected to be questioned over the incident as my t-shirt was ripped and I was bleeding from a cut on my hand. I've been told that the police had hold of the idiot as bouncers identified him as starting the altercation. He's broke free from the officers and run some 40 yards to punch me in the eye from the side when I was talking to my girlfriend. Many officers and witnesses seen this but there are only a few witnesses that saw him stamp on my face. First thing I recall after gaining consciousness was an officer telling me I've been stamped on. Much of outside is caught on CCTV except the actual assault. I've been told by a reliable source that there's another camera which has been viewed and clearly shows the idiot stamp on my face. My injuries are not sufficient with a single punch according to medical experts. The police have re assured me I did nothing wrong inside and defended myself reasonably. He was with a big group of friends who followed him out and I was alone with my gf. I've permanently lost sight in my right eye due to the choroid being broke. I suffered a fractured skull which caused air on the brain, shattered eye socket, broken cheek bone and fractured jaw. Right side of my face is numb due to nerve damage so it's dis figured my face as I'm unable to smile on the 1 side of my mouth. Not sure if this is permanent or not. Also have a few cuts and bruises on my left arm which I fell on. He has no previous and pleaded guilty to the assault. He's walking around laughing about the incident telling friends "I'll only get a slap on the wrists". Surely not??? If you ask me the aggravating factors and seriousness are quite high. Any advice very much appreciated as this is all I think of all night. Many thanks

[humbersloop]

and where is this hostelry?

[Peter Pedant]

Blimey you have some quite severe injuries....
eye injuries are ... eye watering - choroidal tear - have they said if that will recover ?

Numbness is infra-orbital injury (also involved in the eye socket injury) and unable to smile means facial nerve involvement.

sorry I am not doing an awful lot of law ont his one - your injuries rate as severe and I agree - a slap on the wrist is not appropriate.

[1ofmanyvictims]

This hostelry is in wales. Rather not be any more specific on here sorry. The choroid all tear means its permanent blindness. It won't improve. One of the nerves were damaged and stuck in the eye socket. When they operated they couldn't see if it was just damaged or torn. Hopefully it's just bruised and the feeling will start coming back in 18 months or so. Thanks for the sympathy though

[FredPuli43]

That is a section 18 every day of the week. The injuries even separately amount to grievous bodily harm. Stamping on someone demonstrates an intent to inflict it.

[1ofmanyvictims]

Thank you fredpuli43. I was hoping you would comment as you appear to have a very in depth knowledge of the law. Could you advise me on which category you think it would come under or the length of sentence you would expect?? Any guess would be appreciated

[FredPuli43]

Must be worth at least 6 years on a plea of guilty. There are aggravating factors, the main one for me being peculiar to this case.. The defendant knew you were a prison officer. It was no chance assault and the injuries were serious

[FredPuli43]

By the way, I am used to sentencing so I don't think in categories. Looking at this absurd attempt at robotic sentencing called the 'guidelines' of the Sentencing Council, I reckon it is a category 2. All I know is what I'd tell him to expect and what I'd give him. But you get judges who have no idea what sentencing is, never having done criminal work, and they need a crib to copy from !

[1ofmanyvictims]

Thank you for your advice. Let's just hope I get enough witnesses to say they heard him call me a dirty screw and hope the stamp is on CCTV. For his sake lets hope his opinions of "screws" change otherwise his sentence is going to seem like a lot longer. I wonder if he'll feel the same when his only means of getting something done in prison is by requesting it from a "dirty screw". Not going to be an easy sentence for him with his current attitude!! Thanks again

[1ofmanyvictims]

Yeah I read an article earlier of some one who killed an off duty police officer with a single punch. He had 3 years to serve 18 months. To me,that's a joke!! What if I can't prove the stamp.. Would you still sentence him for a single punch??

[FredPuli43]

A single punch that kills is manslaughter, because there is no intent to inflict gbh. Otherwise it would be murder. Manslaughter can be anything from a conditional discharge to life. Here we have someone who did intend to cause gbh.

I think a judge must play up the fact that police officers and prison officers must be protected at all costs. Anyone who commits a s18 on one must expect a deterrent sentence, as an example to others, which takes the case beyond any normal guideline. At least the man did not use a knife, but everything else counts against him. Quite seriously, I can imagine an experienced criminal law judge thinking in terms of 12 years on a trial (and waiting to see what the Court of Appeal said)

[1ofmanyvictims]

That's music to my ears. Thank you so so much. Maybe I'll get more than 2hours sleep tonight. Can't thank you enough. Shame you won't be sentencing him!! Thank you

[hammerman]

Bloody hell mate, wish you all the best and hope the scumbag gets everything thrown at him.

[1ofmanyvictims]

Thank you hammerman. Sorry about result last night too!!

[tonywiltshire]

A dreadful account and Fred’s knowledge of Criminal law is probably better than mine , the seriousness of a charge under section 18 of the 1861 Act is reflected by the maximum punishment of life imprisonment.

[1ofmanyvictims]

Thanks for that. Does anyone know how long he would serve if he was to get a 12 year sentence?? Am I right in thinking it's changed and you serve two thirds of sentences over 4 years?

[jake-the-peg]

Not sure about 12 years may depend on other factors like his history

Below case sounds quite similar only manslaughter and that attracted 9 years

Sentencing guidelines:

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/involuntary_manslaughter/


R. v Fisher [2008] 2 Cr.App.R.(S.) 34
Appellants pleaded guilty to manslaughter at the close of the prosecution case during a murder trial. The deceased was chased up a hill, knocked to the ground and surrounded by a group who kicked him and stamped on his head. He died three days later due to external and internal bleeding resulting from fractures of the nose and skull. Sentences of nine years imprisonment upheld.

[FredPuli43]

As an example of what senior, experienced judges can do : years ago, at St Albans, HHJ Anwyl Davies heard a case of rape. The man was a patrol officer for one of the motoring organisations. He had been called to a woman whose car had broken down in some quiet lane. He visited and went away, saying he had to get a part. He returned, now in ordinary clothes, and raped her, not inflicting any injury e.g. wounding or throttling. Middle aged, good previous character, what did he get on a contested trial? 5 years? 7 years? No. He got life. The judge emphasised the breach of trust; if a woman couldn't trust a patrolman not to assault her..... And the Court of Appeal agreed.

[1ofmanyvictims]

If he were to get a 7 or 8 year sentence I'll be happy. 12 would be justice. It's the judge's discretion and I hope they see it that way and make an example of him to prove violence isn't tolerated against individuals just because they work in the public sector. Otherwise, no-one is going to want these jobs for £21000 salary!!

[jake-the-peg]

I rather expect a lot will depend on what his past history is.

I'd be surprised from what you say if he's an otherwise upstanding member of the community with a good job and just got drunk one night!

Most likely already got a history of violence and might even be out on parole.

From this post of Chris' a few years back he notes that kicking counts as using a weapon that came to hand

http://www.theanswerbank.co.uk/Law/Question930989.html

// Where the victim suffered a very serious injury or permanent disfigurement OR there was pre-meditated wounding or GBH OR other wounding or GBH involving the use of a weapon that came to hand at the scene:
SP = 5 years
Min = 4 year
Max = 6 years
(It should be noted that kicking someone, while wearing shoes or boots, may be regarded as 'using a weapon which came to hand at the scene').

If the victim suffered life-threatening injury or particularly grave injury:
SP = 8 years
Min = 7 years
Max= 10 years //

So if things are more or less the same it'll also depend on whether the injury was considered life threatening or particularly grave

I wouldn't like to speculate on that but it looks as if disfigurement alone is enough to qualify for that - I'd guess it's more likely to be the former but who knows.

Based on that maybe 5-6 years?

[1ofmanyvictims]

Like Fred has explained the sentence tariffs are guidelines and it's at the judge's discretion it they want to go above them guidelines and they'll explain the reasons for this. In my case it may b due to exceptional circumstances because I've been targeted because I'm a prison officer. My injuries are not or weren't life threatening but loss of sight I believe, is a particularly grave injury, not to mention the multiple fractures e.t.c He doesn't have a previous record but his brothers and circle of friends are well known to the police and prison service. I doubt this will matter but my point is, he is that type of person, he just hasn't been caught yet. Don't think his clean record will make a significant difference to the sentence in this case mind. I hope not anyway.