HELP PLEASE ..my gf is on a serious charge
A good friend of mine ,a lady is in prison awaiting trial for a very severe attack on another woman...the lady that is prison I'll call her A . my lady friend had a party with a few friends and had a fight with another lady...."A" bit off the ear of the lady she was fighting while bashing the lady's head on the floor...to what I understand a large chunk of ear has gone...also cuts to the head with bruising and the lady is still in hospital ,this happened 4weeks ago ....Trial is in August...could anybody give me advice on what charge is she facing and how long in prison because there's no doubt in my mind it's prison and she does deserve it,it was drug related plus she has mental health issues (diagnosed by mental health )....please help ...I need questions answered by people who are studying criminal law. Many thanks
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Original post by smokeyj
A good friend of mine ,a lady is in prison awaiting trial for a very severe attack on another woman...the lady that is prison I'll call her A . my lady friend had a party with a few friends and had a fight with another lady...."A" bit off the ear of the lady she was fighting while bashing the lady's head on the floor...to what I understand a large chunk of ear has gone...also cuts to the head with bruising and the lady is still in hospital ,this happened 4weeks ago ....Trial is in August...could anybody give me advice on what charge is she facing and how long in prison because there's no doubt in my mind it's prison and she does deserve it,it was drug related plus she has mental health issues (diagnosed by mental health )....please help ...I need questions answered by people who are studying criminal law. Many thanks
What has she been charged with?
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Original post by Doonesbury
I don't know,I've found out 3 days ago,I've heard gbh with intent ....apparently there's 5 witnesses DNA...I know she got to plead guilty but she's gone down the not guilty rout ...out of pure stupidity at a guess ...I just need to know the charge and the sentence it carry's....I can only sum it up by saying "A" beat the living daylights out of a woman the same age (Hospitalized for the last 3-4weeks ) and bit most of her ear off. That's basically it. If you're wondering where I was well I was behind d a door full of regret for a yr,so I know prison isn't pretty,got out 3 weeks ago wondering where my girl was?? Now I know ,that's why I need some good advice ,I need to know what she's facing
(edited 5 years ago)
Original post by smokeyj
I don't know,I've found out 3 days ago,I've heard gbh with intent ....apparently there's 5 witnesses DNA...I know she got to plead guilty but she's gone down the not guilty rout ...out of pure stupidity at a guess ...I just need to know the charge and the sentence it carry's....I can only sum it up by saying "A" beat the living daylights out of a woman the same age (Hospitalized for the last 3-4weeks ) and bit most of her ear off. That's basically it. If you're wondering where I was well I was behind d a door full of regret for a yr,so I know prison isn't pretty,got out 3 weeks ago wondering where my girl was?? Now I know ,that's why I need some good advice ,I need to know what she's facing
I'm not a legal pro, just did some digging around:
May not be pure stupidity if her legal counsel has advised her she has a good case for reducing the charge to GBH (dropping the intent classification) or ABH. Although the level of injury inflicted may make that a slim possibility and it's up to the jury to decide if there was intent.
GBH with intent (section 18) carries a maximum life tariff, GBH (section 20) or ABH up to 5 years.
Your gf, seriously needs professional legal advice.
Charges are selected in accordance with paragraph 6.1 of the CPS code for guidelines on assault, the assessment of seriousness is based on:
•
the degree of harm or injury caused;
•
the culpability of the offender;
•
the wider context and circumstances of the offence;
•
the likely sentence that the Court will pass.
If its GBH with intent, then that will go to the Crown Court and that may be why this level of charge was selected.
https://www.cps.gov.uk/legal-guidance/offences-against-person-incorporating-charging-standard
Download:
https://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf
https://www.iydl.co.uk/legal-blog/offence-against-person-common-assault-assault-pc-abh-and-gbh
(edited 5 years ago)
Original post by uberteknik
I'm not a legal pro, just did some digging around:
May not be pure stupidity if her legal counsel has advised her she has a good case for reducing the charge to GBH (dropping the intent classification) or ABH. Although the level of injury inflicted may make that a slim possibility and it's up to the jury to decide if there was intent.
GBH with intent (section 18) carries a maximum life tariff, GBH (section 20) or ABH up to 5 years.
Your gf, seriously needs professional legal advice.
Charges are selected in accordance with paragraph 6.1 of the CPS code for guidelines on assault, the assessment of seriousness is based on:
If its GBH with intent, then that will go to the Crown Court and that may be why this level of charge was selected.
https://www.cps.gov.uk/legal-guidance/offences-against-person-incorporating-charging-standard
Download:
https://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf
https://www.iydl.co.uk/legal-blog/offence-against-person-common-assault-assault-pc-abh-and-gbh
May not be pure stupidity if her legal counsel has advised her she has a good case for reducing the charge to GBH (dropping the intent classification) or ABH. Although the level of injury inflicted may make that a slim possibility and it's up to the jury to decide if there was intent.
GBH with intent (section 18) carries a maximum life tariff, GBH (section 20) or ABH up to 5 years.
Your gf, seriously needs professional legal advice.
Charges are selected in accordance with paragraph 6.1 of the CPS code for guidelines on assault, the assessment of seriousness is based on:
•
the degree of harm or injury caused;
•
the culpability of the offender;
•
the wider context and circumstances of the offence;
•
the likely sentence that the Court will pass.
If its GBH with intent, then that will go to the Crown Court and that may be why this level of charge was selected.
https://www.cps.gov.uk/legal-guidance/offences-against-person-incorporating-charging-standard
Download:
https://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf
https://www.iydl.co.uk/legal-blog/offence-against-person-common-assault-assault-pc-abh-and-gbh
Her barrister told her to go guilty and she done the opposite,what is the category for biting someone's ear off ....she was being watched by 5 witnesses,the intent I think is where those same 5 have said that they could hear "A" screaming I'm gonna kill you as she bashed the girls head into the floor repeatedly ...then bit her ear off...the girl was out but "A" carried on hitting her , would you say she's having a long time or do you think because of mental health issues that could be lenient?
Original post by smokeyj
Her barrister told her to go guilty and she done the opposite,what is the category for biting someone's ear off ....she was being watched by 5 witnesses,the intent I think is where those same 5 have said that they could hear "A" screaming I'm gonna kill you as she bashed the girls head into the floor repeatedly ...then bit her ear off...the girl was out but "A" carried on hitting her , would you say she's having a long time or do you think because of mental health issues that could be lenient?
I believe that as long as the plaintiff can prove intention (which the biting of the ear would suggest) the "I'm gonna kill you" is taken as a genuine threat.
She should have stated diminished responsibility if she wanted to try and weadle out of it, pleading not guilty will infuriate a jury as she obviously is-it's just to what extend. The barrister has to be able to prove that she did not have the capacity to understand what she is doing and is thus too vulnerable to go to prison.
http://www.e-lawresources.co.uk/Diminished-responsibility.php
https://www.legislation.gov.uk/ukpga/2009/25/part/2/chapter/1/crossheading/partial-defence-to-murder-diminished-responsibility
If the judge is lenient she could be charged with common assault, but seeing as she is pleading not guilty, it could be a Section. 18 Assault-Grievous Bodily Harm-Wounding (with intent)
This document is the most comprehensive, go to page 1-12-7 and 1-12-4
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/617132/20170523-Chapter_12-Defences_Mitigation_Criminal_responsibility-AL42-v1.pdf
Spoiler
(edited 5 years ago)
Original post by smokeyj
Her barrister told her to go guilty and she done the opposite,what is the category for biting someone's ear off ....she was being watched by 5 witnesses,the intent I think is where those same 5 have said that they could hear "A" screaming I'm gonna kill you as she bashed the girls head into the floor repeatedly ...then bit her ear off...the girl was out but "A" carried on hitting her , would you say she's having a long time or do you think because of mental health issues that could be lenient?
Sounds like it's going to be guilty then. In which case I would think she would be better off pleading guilty, fully co-operating with the Police investigations, displaying utter remorse and regret and more importantly, actually being truthful that she has immense remorse.
If she has mental issues, the judge will request a full psychiatric evaluation, the outcome of which together with her attitude, will determine the sentencing.
There may be other mitigating circumstances: if she was intoxicated with alcohol or full of drugs etc.
I have no idea of the sentence, again that would also depend on previous convictions and if this incident was out of character etc.
Original post by smokeyj
Her barrister told her to go guilty and she done the opposite,what is the category for biting someone's ear off ....she was being watched by 5 witnesses,the intent I think is where those same 5 have said that they could hear "A" screaming I'm gonna kill you as she bashed the girls head into the floor repeatedly ...then bit her ear off...the girl was out but "A" carried on hitting her , would you say she's having a long time or do you think because of mental health issues that could be lenient?
Does she have a criminal record?
Why did she go against her barrister's professional advice? What does her solicitor think?
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Original post by ohdearstudying
I believe that as long as the plaintiff can prove intention (which the biting of the ear would suggest) the "I'm gonna kill you" is taken as a genuine threat.
Plaintiff? This is a criminal case, there's no plaintiff.
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Original post by Doonesbury
"a person who brings a case against another in a court of law"
A plaintiff
Please don't try and catch me out on something you've provided one sentence input into and I actually have knowledge on. Quite pleased that was the only thing you could get the hump over
Original post by smokeyj
A good friend of mine ,a lady is in prison awaiting trial for a very severe attack on another woman...the lady that is prison I'll call her A . my lady friend had a party with a few friends and had a fight with another lady...."A" bit off the ear of the lady she was fighting while bashing the lady's head on the floor...to what I understand a large chunk of ear has gone...also cuts to the head with bruising and the lady is still in hospital ,this happened 4weeks ago ....Trial is in August...could anybody give me advice on what charge is she facing and how long in prison because there's no doubt in my mind it's prison and she does deserve it,it was drug related plus she has mental health issues (diagnosed by mental health )....please help ...I need questions answered by people who are studying criminal law. Many thanks
Sounds like a scene out of a movie.
Original post by ohdearstudying
"a person who brings a case against another in a court of law"
A plaintiff
Please don't try and catch me out on something you've provided one sentence input into and I actually have knowledge on. Quite pleased that was the only thing you could get the hump over
A plaintiff
Please don't try and catch me out on something you've provided one sentence input into and I actually have knowledge on. Quite pleased that was the only thing you could get the hump over
In civil cases not criminal.
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Original post by uberteknik
Sounds like it's going to be guilty then. In which case I would think she would be better off pleading guilty, fully co-operating with the Police investigations, displaying utter remorse and regret and more importantly, actually being truthful that she has immense remorse.
If she has mental issues, the judge will request a full psychiatric evaluation, the outcome of which together with her attitude, will determine the sentencing.
There may be other mitigating circumstances: if she was intoxicated with alcohol or full of drugs etc.
I have no idea of the sentence, again that would also depend on previous convictions and if this incident was out of character etc.
If she has mental issues, the judge will request a full psychiatric evaluation, the outcome of which together with her attitude, will determine the sentencing.
There may be other mitigating circumstances: if she was intoxicated with alcohol or full of drugs etc.
I have no idea of the sentence, again that would also depend on previous convictions and if this incident was out of character etc.
Original post by Doonesbury
Does she have a criminal record?
Why did she go against her barrister's professional advice? What does her solicitor think?
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Why did she go against her barrister's professional advice? What does her solicitor think?
Posted from TSR Mobile
Yes she does,criminal damage but been arrested for violence more times than I have fingers. I know all that will come up in court ...I don't know why she's pleading not guilty,her solicitor can only follow her orders
Original post by smokeyj
Yes she does,criminal damage but been arrested for violence more times than I have fingers. I know all that will come up in court ...I don't know why she's pleading not guilty,her solicitor can only follow her orders
She's stuffed.
The 'opposing' side (for the sake of not sparking a riot) will be digging up everything.
Also, you will struggle to prove that the behaviour is out of character from the violence you've suggested.
To be honest, there's nothing you can do-it's not your life and I don't know why you're stressing yourself out over something that really doesn't 'bother' you.
I do wish you and her good luck.
Can't you help her to try and postpone the case and seek help?
(edited 5 years ago)
Original post by smokeyj
Yes she does,criminal damage but been arrested for violence more times than I have fingers. I know all that will come up in court ...I don't know why she's pleading not guilty,her solicitor can only follow her orders
Well there's not much you can do then, except persuade her to take the professional advice she's been given.
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@smokeyj also have a read of
The Secret Barrister: Stories of the Law and How It's Broken https://www.amazon.co.uk/dp/1509841105/ref=cm_sw_r_cp_apa_i_McWfBbTCZAM9E
The Secret Barrister: Stories of the Law and How It's Broken https://www.amazon.co.uk/dp/1509841105/ref=cm_sw_r_cp_apa_i_McWfBbTCZAM9E
Original post by smokeyj
Yes she does,criminal damage but been arrested for violence more times than I have fingers. I know all that will come up in court ...I don't know why she's pleading not guilty,her solicitor can only follow her orders
As the others have already said, the best thing you can do is help persuade her to follow her legal advice.
I hope she can find a different path that does not involve violence or crime.
Time to move on with your own life though. Good luck.
Original post by Doonesbury
Well there's not much you can do then, except persuade her to take the professional advice she's been given.
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Okay we've established what the charge was in a round about way now what about sentencing...opinions please. Are we looking months? Years? ....a year? 2 years?....anybody got any rough ideas? and I know sentences are all different,just want your opinions please.
Original post by smokeyj
A good friend of mine ,a lady is in prison awaiting trial for a very severe attack on another woman...the lady that is prison I'll call her A . my lady friend had a party with a few friends and had a fight with another lady...."A" bit off the ear of the lady she was fighting while bashing the lady's head on the floor...to what I understand a large chunk of ear has gone...also cuts to the head with bruising and the lady is still in hospital ,this happened 4weeks ago ....Trial is in August...could anybody give me advice on what charge is she facing and how long in prison because there's no doubt in my mind it's prison and she does deserve it,it was drug related plus she has mental health issues (diagnosed by mental health )....please help ...I need questions answered by people who are studying criminal law. Many thanks
I study law a-level and am predicted a B overall
She would undoubtedly be charged with GBH, as the harm is severe enough for hospitalisation. But her sentence would depend on whether she intended to cause that level of harm or not.
Under s.20 (did not intend), she could face 5 years, yet under s.18 (did intend), she could face life.
I’m assuming the people at this party were drinking? She could plead intoxication as a defence, but she would only be found not guilty if her drink was spiked or if she didn’t get herself in that state.
In terms of the mental health condition, she could plead insanity, yet this would have her institutionalised rather than imprisoned.
Or she could plead diminished responsibility, which is simply “causing a crime (typically GBH or murder) as a result of an abnormality of mental function brought on by a recognised medical condition”
But it’s not looking good considering the nature of the attack; biting someone’s ear off is pretty intense.
Good luck anyway
(edited 5 years ago)
Original post by smokeyj
Okay we've established what the charge was in a round about way now what about sentencing...opinions please. Are we looking months? Years? ....a year? 2 years?....anybody got any rough ideas? and I know sentences are all different,just want your opinions please.
I don't think you've said what the actual charge is, some assumptions have been made but you need to know the charge.
Also having a prior record will impact sentencing.
maybe @nulli tertius can hazard a better guess...
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