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Advice concerning Section 18 GBH with Intent (Victim)

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posted on Jan, 2 2013 @ 12:01 PM
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My brother was recently kicked in and literally almost killed, the people (if you can call them that) attacked him with snooker cues, screwdrivers and a crowbar, my brother got out with 2 holes in the back of his neck near his spine, a 4" cut to his head, through which we could see his bare skull, a broken nose, bruises and cuts all over his face, neck,back, bruised/broken ribs, and badly bruised thighs/knees, he's on crutches and is fine in himself,just aching!

The police told my dad they'd be looking at charging the 'people' with Section 18, GBH with intent, and i was wandering if anyone can advise me on what sentencing we can expect the 'people' to get? We live in the UK,

Before i get asked, my brother did not start the fight, he tried to defend himself against several fully grown women clawing at his face for no apparent reason, then when asking for help he then got kicked in on the floor and left with no clothes on his upper body, and stumbled to my/his friends house covered head to toe in blood, he didn't cause anything and didn't deserve anything! Advice would be appreciated?
edit on 2/1/13 by freakanature because: (no reason given)




posted on Jan, 2 2013 @ 12:16 PM
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reply to post by freakanature
 


do you work?if not you can get a free solicitor /legal aid and advice ,ask citizens advice, and to me that attack you described sounds like attempted murder.
have a read here just scroll to section 18 www.legislation.gov.uk...
they could face upto life but with the stupid judicial system in UK the scumbags will most likely get a slap on the wrist even if they go to prison its just a university of crime most come out worse than they went in.
edit on 2-1-2013 by haven123 because: (no reason given)



posted on Jan, 2 2013 @ 01:10 PM
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My brother is 17, unemployed at the minute, thanks for the reply, i wouldn't be surprised if they did get a slap on the wrist to be honest, the judicial system is pathetic over here!



posted on Jan, 2 2013 @ 01:12 PM
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I'm very sorry to hear what happened to your brother.

S.18 Wounding/GBH with Intent is very serious, the next charge up would actually be Attempted Murder....

Once the defendants have been charged, your brother will be allocated a Witness Care Officer (WCO), an employee of either the Crown Prosecution Service or your local Police Force. They are responsible for supporting and updating your brother throughout the entire case. If he does not hear from a Witness Care Officer tell him to ask the police officer dealing with the case for the Witness Care Unit phone number.

Unfortunately it's impossible to predict the likely sentence outcome, it depends on so many factors, mainly whether the defendants plead ''guilty'' or ''not guilty'' to the charge. Previous convictions, in particular for other violent offences, will also have to be looked at when the Judge decides the sentence...

If they plead 'guilty' they will get a far lighter sentence, particularly if they have shown remorse for their actions. I have seen people get sentenced to 1 to 4 years imprisonment for a 'guilty' plea.

If however the defendants plead 'not guilty' then the case will have to go to trial at Crown Court and your brother will get called as a Prosecution witness. It is then up to the jury to find the defendants innocent or guilty. Although it will not be easy or pleasant for your brother to go through this, should the jury find the defendants guilty after a full trial then they will receive a long sentence - 11 years is the most I have ever seen.

Also, the defendants may offer a 'plea bargain', which means they may agree to plead guilty to a lesser charge, such as S.20 Wounding/GBH (which is WITHOUT intent and is therefore less serious and hence carries a lower sentence). It also means that your brother will not have to go through the trauma of being a witness at court and also guarantees a conviction (whereas if a case goes to trial there is unfortunately always a chance that a jury could find a defendant 'not guilty' and they may get off with it scott-free).

One more thing, whether the defendants plead guilty at the outset or if they get acquitted or convicted after a Court Court trial, your brother will still be eligible to claim compensation under CICA (Criminal Injuries Compensation Authority), although this cannot be processed until the criminal proceedings are finalised. Your brothers Witness Care Officer will refer him or he can apply himself online at www.justice.gov.uk... Even small scars, particularly on the face, can bring compensation of £20,000 minimum. If a victim has previous convictions themselves though, particularly for violent offences, they probably won't get much, if anything....

I hope this helps and I hope he is feeling better soon. Tell him to keep in touch with the OIC (the police officer assigned to the case) and then await to hear from his Witness Care Officer.

edit on 2-1-2013 by paradisepurple because: Sp.



posted on Jan, 2 2013 @ 01:21 PM
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to be honest the police will be there to tell you more than ats members



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