My brother hit someone because he was making out with his girlfriend, so he punched him, the guy fell over and aparently hit his head and had to be taken to hospital and put on critical. But he's ok now, the charges to my brother were 'GBH with intent to harm' what could be the penelties if this 'GBH with intent to harm' was to pass the Magistrates?
2007-07-30 10:12:50 · 11 answers · asked by noachian 2 in Politics & Government ➔ Law Enforcement & Police
The guy will be in hospital for three to four months, but not on critical.
2007-07-30 10:14:57 · update #1
Sounds like it will more likely be dealt with at Crown Court
2007-07-30 10:18:27 · answer #1 · answered by groovymaude 6 · 1⤊ 0⤋
'GBH with intent to harm' cannot be heard by Magistrates. It is an indictable offence, that is, one which can only be heard at the Crown Court before a judge and jury. It is a well known ploy for the CPS to reduce charges in order to keep cases in the Magistrates' Court, especially if the person concerned is minded to plead guilty, but in view of the seriousness of the injuries, I don't think that is going to happen here. There is, moreover, a lot which you aren't telling us and which perhaps your brother hasn't told you about the circumstances of the assault. You say that the man is OK now, but with head injuries there can often be long term consquences which only come to light later on. Your brother might be able to plead provocation as a defence to the assault, but as I say, a lot depends on the facts. He is looking at a Crown Court trial and a possible term of imprisonment plus the payment of compensation. The penalties for GBH are severe, with the possibility of life imprisonment if the offence is committed with intent. For GBH without intent, the maximum sentence is five years' imprisonment.
2007-07-31 03:55:28 · answer #2 · answered by Doethineb 7 · 1⤊ 0⤋
I'f the guy's that seriously hurt then it will be taken into account. If it's his first offence then he might be suitable for community service. If it's not his first then there might be a problem that he needs to address through a groupwork programme while under probation supervision. Custody is a serious proposition and so is a suspended sentence, don't be fooled a suspended sentence is not a let off and he may still have to do a groupwork programme and community service.
It's actually impossible to be more specific than that because a lot will depend on which court it is heard in, what plea he gives, his previous and the pre-sentence report by the probation service.
Bottom line is that your brother's been a dick and will pay the price for it.
2007-07-30 10:49:17 · answer #3 · answered by angrymammal 3 · 2⤊ 2⤋
if your brother pleads guilty at a magistrates he will get a lesser sentence, imprisonment through a magistrate is anything up to 18 mths, but it is unusual to get a prison sentence if you have not been in trouble before, they can only give you up to 240hrs community service or a fine up to i think 5000. but unlikely.
if he has been to the magistrates and they have a procedure for committal for sentencing, this is only if the magistrates can not enforce the sentencing to fit the crime.
if you go onto the Internet for magistrate proceedings/crown court proceedings it tells you all you need to no. good luck?
2007-08-03 08:00:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
More than likely a custodial sentence.
The injuries caused must be serious to spend four months in hospital. The punishment should reflect the injury and therefore it should be a custodial sentence. It does not matter that he only hit him once.
2007-07-31 08:57:06 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The terms you are using suggest that you are in the UK, England or Wales? Your brother should go to any solicitor who 'adverstises' as providing legal aid. If that firm can't help with his particular case, they will recommend someone else who can. The first consultation is free, even if it turns out that your brother is not entitled to legal aid.
2007-07-30 10:25:28 · answer #6 · answered by annie 3 · 0⤊ 0⤋
A serious offence so will go to crown court. Guilty at least 12months
2007-07-30 16:53:32 · answer #7 · answered by Anonymous · 0⤊ 0⤋
it all depends on the day and who the bench consist of but one thing is for sure its going to cost him i don't think it will be custodial sentence but community service off say 200 hours and lawyer would suffice as its open and shut so a barrister will jump in with both feet
2007-07-30 10:20:45 · answer #8 · answered by srracvuee 7 · 0⤊ 2⤋
the sentence depends on the severity of the offence and the injury caused sounds like it may be jail according to legal system .there is no excuse for violence ...sorry ... UK
2007-08-03 02:13:58 · answer #9 · answered by bobonumpty 6 · 0⤊ 0⤋
Whatever the penalties, your brother is a moron. You don't become violent over that. Your brother has little self confidence even if he doesn't show it. He could have killed someone even unintentionally. He should be sent down.
2007-07-30 11:09:16 · answer #10 · answered by LEONARD W 4 · 1⤊ 1⤋