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by bi_polar_nutta on March 23rd, 2010

bi_polar_nutta

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MY COUSIN AND HIS MATE ARE IN COURT CHARGED WITH GBH, AFFRAY AND ABH. HOW LONG ARE THEY LOOKIN AT IN JAIL?

MY COUSIN AND HIS MATE GOT INTO A DRUNKEN ROW WITH 2 DRUNKEN MEN. HE HIT THE MAN ONCE AND CUT OPEN HIS HEAD AS A RESULT OF IT. HIS MATE PUSHED THE OTHER MAN N BROKE HIS LEG. MY COUSIN HAS A LARGE CRIMINAL RECORD INCLUDING FIREARMS, BUT NOTHING IN THE LAST 11 YEARS. WHAT DO YOU THINK THE JUDGE WILL SENTENCE THEM TOO.?? REMEMBER UP FOR GBH, AFFRAY, AND ABH?

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Answers. 2 helpful answers below.

  • by daveHogan on April 11th, 2010

    daveHogan

    Sorry to hear about your cousin and his mate/gay partner. Well, I guess they are used to getting it up the ass.

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  • by Beauty&Brains on March 26th, 2010

    Beauty&Brains

    Hope your prepared for my answer, so much paper work involved. I do sincerly appologise.

    I cannot give you a very accurate answer as there are too many factors considered in a court of Law when determining the appropriate sentence, depending on the seriousness of the offence/s, the previous convictions of the defendant/s and the judge hearing the case.

    I hope you do understand the severity of the offences concerned in your question. This could most certainly entitle the accused to life imprisonment if proven guilty. Although with today's poor justice system, the penalty rarely reflects the crime. Below are different acts in current English Law that the judge may determine appropriate to the offence:

    Affray:-
    From part of the Public Order Act 1986 under section 3.
    I quote "A person is guilty of affray if he uses or threatens unlawful violence towards another and the person's conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety."
    "Where two or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purpose of subsection (1) A person suspected of affray is subject to arrest, can be tried either way, and faces three years imprisonment and/or a fine on indictment; six months imprisonment and/or a fine summarily."

    GBH:-
    From Section 20 of the Offences Against The Person Act 1861.
    I quote "Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of an offence and, being convicted therefore, shall be liable to a term of imprisonment not exceeding five years.";
    This differs from Section 18
    "Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of an offence and, being convicted thereof, shall be liable to imprisonment for life."

    ABH:-
    From Section 47 of the offences against the person Act 1861
    "The offence is committed when a person assaults another, thereby causing actual bodily harm. Bodily harm has its ordinary meaning and includes any hurt calculated to interfere with the health or comfort of the victim: such hurt need not be permanent, but must be more than transient and trifling: (R v Donovan 25 Cr. App. Rep. 1, CCA). It is an either way offence, which carries a maximum penalty on indictment of five years' imprisonment and/or an unlimited fine not exceeding the statutory maximum.";
    Factors here include

    loss or breaking of tooth or teeth;
    temporary loss of sensory functions, which may include loss of consciousness. Extensive or multiple bruising;
    displaced broken nose;
    minor fractures;
    minor, but not merely superficial, cuts of a sort probably requiring medical treatment (e.g. stitches);
    psychiatric injury that is more than mere emotions such as fear, distress or panic. In any case where psychiatric injury is relied upon, as the basis for an allegation of assault occasioning actual bodily harm, and the matter is not admitted by the defence, then expert evidence must be called by the prosecution. A verdict of assault occasioning actual bodily harm may be returned on proof of an assault together with proof of the fact that actual bodily harm was occasioned by the assault.


    A life sentence average tariff is 14years equvalent to a 28yr sentence less time spent in custody however, depending on the age of the offender and mitigating circumstances it can be half that. Please note that in some cases, more than one-half will be appropriate.


    My experiance as a defence Lawyer for three years and from september last year training to become a Barrister has entitled me to work with and gain knowledge of simular cases although this being very rare. Reminding myself of two cases one being more and the other being a lot less severe I have made my own conclusion regarding your question *Please note: My conclusion is in no way accurate as you have not provided me with a substantial amount of information.

    6-15 years imprisonment when compared to other cases

    However my estimate is life.

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