Client receives Suspended Sentence for S18 GBH

We were instructed in this matter at the police station in our capacity as duty solicitor. Our client had requested advice after being charged with the very serious offence of section 18, wounding with intent. Our client had been interviewed without the presence of a solicitor having initially been arrested for assault occasioning actual bodily harm.

The incident involved a shop keeper and our client, where it was alleged that our client instigated a fight with two local males outside of the shop in question. The complainant, the shop keeper, approached our client to deescalate the situation, which is when an assault ensued which included our client kicking the complainant whilst he was on the ground. Forensic reports provided by the prosecution stated that the injuries sustained by the complainant included a bleed to the brain and a broken nose into multiple fragments, which he had to remain in hospital for neurological observations. The complainant for weeks after the incident, had difficulties with working and doing daily activities like brushing his teeth because of his injuries. The incident was covered by unfavourable CCTV footage and to his credit, our client remained at the scene whilst the police were called.

Our client was a tourist in London, visiting the city with his family, shortly before intending to fly back to his home country. He was man of good character who had never been involved with the police in any country before. In his police interview he expressed his deep remorse although he had difficulties recollecting the incident due to alcohol intoxication. Our client had also tragically lost his father and older brother in a road traffic accident a month prior, contributing to his low mood.

After careful consideration of the evidence, defence preparations included extensive representations for the Crown Prosecution Service to reconsider the charges and accept a plea to a lesser offence. As result of the very clear CCTV and the injuries sustained these representations were not successful.

Given his early admissions and the credit for a guilty plea available to him, our client entered a guilty plea to section 18, wounding with intent and his matter was set for sentence. Considering the sentencing guidelines, our client was advised that the offence crossed the custody threshold, and a suspended sentence was highly unlikely. However, as mitigation, our client had several factors in his favour including:
- Seven months spent in custody on remand.
- His good character
- Compelling personal mitigation stemming from the recent deaths of his father and brother.
- Genuine remorse shown throughout the entire proceedings.

Through the strong presentation of these mitigating factors, our client avoided a custodial sentence, instead receiving a Suspended Sentence Order.

Izzie Bond-Mills assisted Amy Cox in the preparation of this case. Andrew Price of Drystone Chambers was instructed as Counsel.