section 18 Archives - VHS Fletchers Solicitors

offences against the person act 1861 — Crown court litigator Sarah Lees-Collier

Senior crown court litigator Sarah Lees-Collier recently represented a client appearing for Crown Court trial at Leicester Crown Court. He faced an extremely serious charge of wounding with intent, contrary to section 18 of the Offences Against the Person Act 1861.

Negotiation resolved the case to our client’s satisfaction.

Section 18 Offences Against the Person Act 1861

The allegation was made more serious by a number of factors. Our client had not acted alone but with another to assault the victim. Although fists were used to begin with, the victim was then assaulted with a knife. Finally, the offence took place in a student halls of residence, so the victim had been assaulted in their own home.

Some of the incident had been captured on CCTV.

The complainant received two black eyes, a cut above his eye that required stitches, a broken nose and fractured cheek bone.

Sarah’s client was of good character with no convictions or even cautions recorded against him. He was a student himself.

Sentencing Guidelines

Following conviction after trial the sentencing guidelines would have suggested that a starting point of six years in prison, within a range of five to nine years. Arguably this could have been categorised as a ‘sustained assault’ which would have made the sentence even longer.

An alternate plea to a lesser charge

On the day of trial our client was represented by barrister Nick Bechey from Great James Street chambers. We received instructions to offer a plea to the lesser charge under section 20 Offences Against the Person Act 1861. This offer of plea was accepted by the prosecution.

As a result, the judge had a greater flexibility on sentence and instead of a lengthy prison sentence our client received a suspended sentence with community elements. He was very pleased and relieved with the outcome.

Instruct an expert crown court litigator

If you face proceedings before the Crown Court then you will want to know that you are instructing a specialist crown court defence lawyer to fight your case. You can contact Sarah on 0115 9599550. Alternatively, we have expert lawyers to help with your Crown Court case at all of our offices. Find your nearest office here.

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You can also use the contact form below.

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Nottingham criminal solicitor advocate Phil Plant

Nottingham solicitor advocate Phil Plant recently represented a client before Nottingham Crown Court who face the serious allegation of inflicting Grievous Bodily Harm with Intent (Section 18 GBH). After trial, he was found not guilty.

Assault Following False Allegations

Phil’s client was said, along with a co-accused, to have taken part in a brutal revenge attack on the victim following false allegations that he had assaulted a female friend.

The victim had been so badly beaten that was so badly beaten he suffered a displaced fractured of the jaw. It also led to him suffering almost total amnesia and his recollection was based on harrowing flashbacks of the incident that continued to haunt him.

Lesser Charge Instead of Section 18 GBH?

Upon conviction, our client could expect a substantial period of imprisonment. The prosecution had told us that it would accept a plea to the lesser charge of inflicting GBH (Section 20 rather than section 18 GBH). Phil’s client insisted that he was not involved at all, so chose to have his trial.

The victim asserted that the the complainant named both of the accused as the perpetrators of the attack. Phil’s client did not accept that he was part of the attack, although he did witness it.

When questioned by Phil the complainant conceded that his client was not the kind of man who would behave in the manner he described, conceding perhaps that it appeared unlikely that his client did indeed take part in the attack.

The other defendant had given given different accounts during the course of the investigation. At trial he maintained that it was our client who had carried out the assault.

Not Guilty Verdict

Having heard evidence tested through Phil’s expert cross-examination the jury found his client not guilty. The other accused, separately represented, was convicted of the original offence and received a significant custodial sentence of several years.

Contact Phil Plant

If you wish to instruct Phil to represent you at trial before Nottingham Crown Court then please contact him on 0115 9599550 or email him here.

Tag Archives: section 18

Section 18 or 20 Offences Against the Person Act 1861?