Week 5 - Summary Trial by Rebecca https://padlet.com/rkhelm1/1kl9ewta9sgv Week 5 Discussion en-us 2018-01-17 19:48:12 UTC 2025-11-20 21:58:02 UTC hello@padlet.com https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224560351 1) Advise them to plead guilty to Section 20 GBH rather than not-guilty to either charge. For what is alleged, the risk associated with a non-guilty plea are too high]]> 2018-01-25 09:33:19 UTC https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224560351 https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224560641 Pleading not guilty is much more risky- there is a degree of certainty if you plead guilty]]> 2018-01-25 09:34:25 UTC https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224560641 https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224560644 Plead guilty to s20 to avoid the possibility of conviction in the Crown Court if the risk is reasonably likely. Need more information about any previous convictions of client as this could increase risk of harsh custodial sentence. Cost estimate something in the region of £500 for a sentence hearing in the mags but £2000(ish) for a trial in the Crown Court depending on the length (although presumably this would be covered by legal aid in the Crown unless client is particularly rich!) possibly less likely to get legal aid in mags as less chance of custodial sentence. Re potential job loss: unfair dismissal if dismissed for being convicted of offence so should not be worried about this.]]> 2018-01-25 09:34:26 UTC https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224560644 You have been charged with the crime of GBH under s.18. This is a serious crime, that will be tried in a crown court with a jury, and you could be sentenced to anything up to life in prison. Based on the evidence, i must warn you that there is considerable chance that you will be convicted. https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224560650 There is an opportunity to be charged with a lesser offense, s.20 GBH if you are willing to plead guilty. This means that your case will likely stay in the magistrates court, and if that occurs you face only up to six months in prison. This will be faster and be cheaper, but it means you are publically proclaiming that you did the crime, something that may have long lasting impacts on your life or career. It is also not guarrunteed that the case will stay in the court for sentencing. If you want the chance to be acquitted and serve no punishment as being not guilty, you must plead not guilty.]]> 2018-01-25 09:34:27 UTC https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224560650 chbedok https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224560765 Plead Guilty; plea before venue > case would be heard in Magistrate's Court > lighter sentence > by turning in to either way offence of S20 GBH - which can be tried at Magistrates Court with lesser sentencing powers > however, if there is evidence that shows Defendant had committed S18 GBH, might still become an indictable offence and the case will be bumped up to Crown Court;

Pleading Guilty will also be cheaper, as it would not require extensive work and costs as a result;

easier to get legal aid from crown court;

Pleading not guilty; mean a full trial > and the evidence that S18 GBH was committed will be revealed > which would increase chances of being charged and sentenced by the Crown Court with a heavier sentence;


]]> 2018-01-25 09:34:53 UTC https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224560765 https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224560846 Advise them that unless they're lying to plead not guilty, there is no guarantee pleading guilty will lead to those lower punishments, it's only likely and once you've done so you've shot yourself in the foot if they decide to throw the book at you ... others in the fight could argue you've admitted already to causing the injury. Too many variables. It's only certain till it backfires and screws you over.]]> 2018-01-25 09:35:14 UTC https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224560846 Try to get the prosecution to accept an ABH guilty plea https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224560856 2018-01-25 09:35:16 UTC https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224560856 If you plead guilty the trial is likely to be quicker, cheaper and the outcome is more certain https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224561084 2018-01-25 09:36:07 UTC https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224561084 cannati_audrey https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224561320 That's for the 'client' to choose, I will offer the proposition of course but if he denies the charges, I will advise him to not plea guilty. 
However, that is a serious offense which deserve reflexion. If he plea guilty that is a smaller conviction but it will be in a record, it will be more complicated to have a job etc... There are many factors to take in consideration. I will advise to not plea guilty but that is for the client to choose. ]]> 2018-01-25 09:37:04 UTC https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224561320 https://padlet.com/rkhelm1/1kl9ewta9sgv/wish/224562228 The client should likely plead guilty to section 20 GBH , as the maximum punishment is 6 months.  The case mentions that its reasonably likely they could be convicted ,with this in mind its unlikely a client would want to take this risk.  The role of the lawyer if the client is open to pleading guilty would be to get the lowest possible sentence.  If the client is not willing to plead guilty the role of the lawyer would be to argue the case.  

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