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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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Gbh without intent first offence, what punishment can I expect

Resolved Question:

Gbh without intent first offence, what punishment can I expect ?
Submitted: 3 years ago via InBrief.
Category: UK Law
Expert:  Jo C. replied 3 years ago.
Hi

Thank you for your question. I will try to help with this.

-Could you explain your situation a little more?
Customer: replied 3 years ago.
I'm asking for my 19 year old son ,who got drunk and hit a boy, at a massive student party in Nottingham my son pushed past the boy earlier in the evening, it was very crowded , later in the evening the boy spotted my son and got hold of him from behind my son punched him and was arrested and bailed the boys injuries was a fractured eye socket, my son as been to court and as got to go back in 2 weeks to receive his punishment.
Expert:  Jo C. replied 3 years ago.
What were his injuries?

I presume he's just on police bail then?
Customer: replied 3 years ago.
No injuries to my son the other boy as got a fractured eye socket
Expert:  Jo C. replied 3 years ago.

Ok. Is he likely to give evidence against him? Bearing in mind his own actions? Is he known to your son?
Customer: replied 3 years ago.
My son pleaded guilty he doesn't know the boy , the other party wasn't in court just his solicitor
Expert:  Jo C. replied 3 years ago.
Ok. That doesn't make any sense.

He can't be on police bail then. Has he been charged and sent to court already?

If this is a GBH then he could only have pleaded in the Crown Court.
Customer: replied 3 years ago.
Yes he as
Expert:  Jo C. replied 3 years ago.

Do you know if he pleaded in the Crown Court or the Magistrates Court?
Customer: replied 3 years ago.
Magistrates court
Expert:  Jo C. replied 3 years ago.

Then I think he is probably charged with ABH rather than GBH. These are borderline GBH injuries. He might well have been arrested for GBH and charged with ABH at a later time.

If thats right and the facts are as you say then I think he probably falls into the middle category of sentencing bracket as there is a greater injury here but not much else to aggravate the offence.

I'm afraid he is at risk of custody though. The starting point is 26 weeks custody and the range is a low level community order to 51 weeks custody. That does not mean that he will definitely get custody but it will be considered. He will get one third off for his early guilty plea and would only serve half of any custodial sentence anyway.

I'm happy to discuss this but please remember to click on accept.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64794
Experience: Over 5 years in practice.
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