my little brother was stabbed and the guy has been charged under section 18, i dont know what that means or how long he will get?
2007-06-12 05:49:51 · 13 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
The fact that he has been charged under section 18 doesn't mean that it will stay that way. The CPS have a habit of reducing charges in order to persuade the person concerned to enter a guilty plea. Section 18 offences can be so variable that they require the same intent as that for murder yet can be just a breaking of the skin. You don't say how bad this stabblng was, but it it was bad enough, the person could be facing life imprisonment,. If defence counsel had his wits about him he would be telling the jury that a conviction in that case meant life imprisonment for his client. It is the sort of case where the defendant would plead guilty to Section 20 (malicious wounding) in order to avoid a life sentence whatever the state of the evidence against him. A lot has yet to happen here and it is unwise to predict the outcome.
2007-06-12 06:32:22 · answer #1 · answered by Doethineb 7 · 1⤊ 0⤋
1
2016-06-03 03:25:50 · answer #2 · answered by Danna 3 · 0⤊ 0⤋
Please note the answers above that point out that section 18 is NOT an either way offence - its indictable only and the max sentence is life imprisonment.
Its section 18 Offences Against the Person Act 1861 (wounding or causing grevious bodily harm with intent) and if your brother's attacker is convicted he will almost certainly serve time and potentially quite a lengthy stretch. Current sentencing guidleines say that the starting point for a 'run of the mill' s.18 offence is a bracket of 3 to 8 years but use of a weapon is a crucial aggravating factor.
Bear in mind that if there isn't enough to convict on s.18 then a verdict can be returned on s.20 (as above but without the intent to wound etc) which is a less serious form of the same offence where the sentence is likely to be less (max 5 years).
2007-06-13 22:26:20 · answer #3 · answered by Chris W 2 · 0⤊ 0⤋
I note that one of your answers includes info about section 18 and either way offences.
A summary trial is a trial at the magistrates court where the maximum sentence for an offence is 6 months.
Either way offences, sect 18, are quite often committed to Crown Court after the magistrates have heard the case and decided they do not have the necessary sentencing powers, this is known as plea before venue.
Either way - just meaning they can be tried either in Magistrates or Crown Court. If the magistrates decline the case and it goes to Crown court, the sentence is far more likely to be in excess of the 6 month maximum the magistrates can impose.
If the offence is more serious in nature there will be a committal to Crown Court from the Magistrates Court which is more or less just a formality now.Every criminal case originates at Magistrates Court.
As another post states, there is a long way to go, in the process.
2007-06-13 11:01:38 · answer #4 · answered by groovymaude 6 · 0⤊ 0⤋
S18 Assault is a very serious offence it is grievious bodily harm with intent.
I would suggest your brother contacts his witness care officer and makes sure that his case is registered with the Criminal Compensation Board (they can give him the number its a freefone) Once the case is finalised the police can release the file and the board can then work out the level of compensation.
Your brother can also claim compensation from the defendant, and would need to complete a compensation form with the police.
Your brother also needs to do a victim personal statement that will be attached to the file for sentencing purposes, and needs to keep his appointments with any doctors or specialists.
Sentencing is in the lap of the gods I'm afraid. With the advent of CJSSS, early guilty pleas and such, sentences will be reflective, but could and should be 5 years custody plus.
I wish you all well, and encourage you to make full use of the services available. ie witness care units, witness sevice at court and victim support.
2007-06-12 09:42:01 · answer #5 · answered by lippz 4 · 1⤊ 0⤋
Unlawful wounding/inflicting grievous bodily harm with intent = contravenes section 18 of the Offences against the Person Act 1861.
It is an either way offence, which carries a maximum penalty on indictment of five years' imprisonment and/or an unlimited fine. Summarily, the maximum penalty is six months' imprisonment and/or a fine not exceeding the statutory maximum.
2007-06-12 05:56:43 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Section 18 Offences against the Person Act 1861 is commonly known as GBH with intent, ie the suspect meant to seriously harm the victim. Maximum sentence is life imprisonment.
Section 20 Offences against the Person Act is plain GBH, ie the victim received serious injuries which weren't intended. Maximum sentence is 5 years (as it is for S47 Actual Bodily Harm which I never quite understood).
2007-06-12 21:12:29 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Hi Heidi.
This is sect.18 of the Offences against the Person Act 1861. GBH with intent.
The maximum sentence is life imprisonment.
Hope this helps.
2007-06-12 22:53:00 · answer #8 · answered by LYN W 5 · 0⤊ 0⤋
section 18 mans, gbh, they can do up to 5 years in prison, also a big fine,go and see a lawyer,get a restraining order in place then claim compensation, all the best
2007-06-12 07:42:12 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If I have got this right, Section 18 is GBH and covers anything upto 5 years in prison and fines up to £1000 plus costs.
If found guilty then compensation can be awarded.
get him to fill in a Compensation form which all the doctors and police need to fill in.
2007-06-12 05:55:06 · answer #10 · answered by The_Informer 4 · 1⤊ 1⤋