I'm guessing you have a pending court appearance?

-------
May the wind always be on your back and the sun upon
your face and may the winds of destiny carry you
aloft to dance with the stars.

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Provocation doesn't apply for Malicious Wounding.  

Malicious Wounding carries a maximum of life imprisonment, and as you were carrying a weapon, I wouldn't be surprised if you were looking at 15-20.

Found in S18 OAPA, 1861.

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again you're missing the difference, the difference is that wounding and malicious woundign carry different sentences

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Quote: from ImSoHappy at 1:52 pm on Feb. 9, 2008

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Who told you the charge was wounding?  

 What actions did these 'kids' take upon yourself?  

 How old were they?

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the officers at the station writing wounding everywhere

17/18

 
pushing punching etc

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Quote: from Blank black at 1:53 pm on Feb. 9, 2008

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Provocation doesn't apply for Malicious Wounding.  

 Malicious Wounding carries a maximum of life imprisonment, and as you were carrying a weapon, I wouldn't be surprised if you were looking at 15-20.  

 Found in S18 OAPA, 1861.

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again you're missing the difference, the difference is that wounding and malicious woundign carry different sentences

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Did you spend a night in the cells?

I'm guessing you have a pending court appearance?

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yeah i'm home on bail now, but basically i have to go back friday the 14th and then they'll give me a court date etc.

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20. Inflicting bodily injury, with or without weapon.
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 a misdemeanor, and being convicted thereof shall be liable [...] 34 to be kept in penal servitude [...] 35

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It's enought to carry a wepaon but to use it is another thing.

http://www.judiciary.state.nj.us/charges/jury/assault3.htm

Post edited at 5:57 am on Feb. 9, 2008 by ImSoHappy

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May the wind always be on your back and the sun upon
your face and may the winds of destiny carry you
aloft to dance with the stars.

---

Your act was assult with a deadly weapon.

It's enought to carry a wepaon but to use it is another thing.

http://www.judiciary.state.nj.us/charges/jury/assault3.htm

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Quote: from ImSoHappy at 1:56 pm on Feb. 9, 2008

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Your act was assult with a deadly weapon.  

 It's enought to carry a wepaon but to use it is another thing.  

 http://www.judiciary.state.nj.us/charges/jury/assault3.htm

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That's US law anyway.

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Your act was assult with a deadly weapon.

It's enought to carry a wepaon but to use it is another thing.

http://www.judiciary.state.nj.us/charges/jury/assault3.htm

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that's american it works differently there

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Your act was assult with a deadly weapon.

It's enought to carry a wepaon but to use it is another thing.

http://www.judiciary.state.nj.us/charges/jury/assault3.htm

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CPS will go for S18, trust me.

Knifing to the stomach, possession of a weapon would both go for MW or GBH with intent.

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Emotions are naught to be tormented,
for they can kill a person in more ways than one.

Read my quote above for the actual wording. If this was unintentional then the sentence would be:

"It is an either way offence, which carries a maximum penalty on indictment of five years' imprisonment and/or an unlimited fine. Summarily, the maximum penalty is six months' imprisonment and/or a fine not exceeding the statutory maximum."

If it was intentional, then you will be convicted under section 18 of the act, which carries a sentence of "It is an indictable only offence, which carries a maximum penalty of imprisonment for life."

Please note:

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-When charging an offence involving grievous bodily harm, consideration should be given to the fact that a section 20 offence requires the infliction of harm, whereas a section 18 offence requires the causing of harm. This may be of some significance when considering alternative verdicts, (section 7 below). However this distinction has been greatly reduced by the decision of the House of Lords in R v Ireland; R v Burstow [1998] A.C 147 (Archbold 19-208).

-Factors that may indicate the specific intent include:
a repeated or planned attack;
deliberate selection of a weapon or adaptation of an article to cause injury, such as breaking a glass before an attack;
making prior threats;
using an offensive weapon against, or kicking the victim's head.

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Source- CPS.gov.uk

Post edited at 6:05 am on Feb. 9, 2008 by marshmellowman

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Intelligence is the ability to avoid doing work, yet getting the work done.
Treasures await...

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Quote: from ImSoHappy at 1:56 pm on Feb. 9, 2008

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Your act was assult with a deadly weapon.  

 It's enought to carry a wepaon but to use it is another thing.  

 http://www.judiciary.state.nj.us/charges/jury/assault3.htm

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Thats in America.

CPS will go for S18, trust me.

Knifing to the stomach, possession of a weapon would both go for MW or GBH with intent.

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it wasn't in the stomach, it was the side,

and thanks for the help people i'm actually really scared

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You will most likely be convicted under Section 20, of the Offences Against The Person Act 1861.

Read my quote above for the actual wording. If this was unintentional then the sentence would be:

"It is an either way offence, which carries a maximum penalty on indictment of five years' imprisonment and/or an unlimited fine. Summarily, the maximum penalty is six months' imprisonment and/or a fine not exceeding the statutory maximum."

If it was intentional, then you will be convicted under section 18 of the act, which carries a sentence of "It is an indictable only offence, which carries a maximum penalty of imprisonment for life.

Please note:

---

-When charging an offence involving grievous bodily harm, consideration should be given to the fact that a section 20 offence requires the infliction of harm, whereas a section 18 offence requires the causing of harm. This may be of some significance when considering alternative verdicts, (section 7 below). However this distinction has been greatly reduced by the decision of the House of Lords in R v Ireland; R v Burstow [1998] A.C 147 (Archbold 19-208).

-Factors that may indicate the specific intent include:
a repeated or planned attack;
deliberate selection of a weapon or adaptation of an article to cause injury, such as breaking a glass before an attack;
making prior threats;
using an offensive weapon against, or kicking the victim's head.

---

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To know exactly which you'll get, how many times did you stab him?

For s18, they need to prove your intent. S20, it is merely enough that you were reckless (in the very taking your knife out of your pocket, that shows intention to cause 'serious harm' (Smith).

I can't see why they wouldn't go for 18, you'd have to have a good barrister to get you off it.

-------
Emotions are naught to be tormented,
for they can kill a person in more ways than one.

Go and talk to your solicitor, at least some kind of professional.

-------
May the wind always be on your back and the sun upon
your face and may the winds of destiny carry you
aloft to dance with the stars.