To Not Understand the Croydon Asylum Seeker Attack Charges

[Pentapus]

Just seen that one of the charges is something like racially aggravated GBH. This makes me cross. Why are they not being charged for attempted murder?

How many times have we seen a gang set about an individual, stamping on their head, and the victim has died? The Croydon gang must have known that several people stamping on someone's head is very likely to kill them.

I think charges of attempted murder should be brought.

I am with you. I am just wondering if the main attackers have not been found yet??

I won't pretend to understand the legalities of it, but I suspect it will have to do with how they secure a conviction?

What really should happen is those involved should be forced to pay the full cost of the poor man's medical treatment now and into the future. Might focus the mind a bit.

I'm surprised they have been released on bail - but this could be normal.

Is there a difference in the sentencing guidelines for each of the offences? If there is no significant difference then it makes sense to go for he charge most likely to lead to a conviction. In any case, It isn't uncommon for charges to change at a letter date before trial/ plea.

i would guess its much harder to get an attempted murder conviction

Doesn't attempted murder require proof of intent to kill rather than violence for its own sake.

I too would think it would be harder to secure an attempted murder conviction for a large group than racially aggravated GBH. Just glad they have found the gang and are taking swift action. How ghastly can you get? Poor boy seeks safety and gets attacked by amoral yobs. Just horrid.

Good thought about the sentencing guidelines. Just looked them up though and they are:

Racially aggravated GBH Category 1 highest severity offence is 2 years 6 months’ – 4 years.

Attempted murder, lowest severity, where there is "Little or no physical or psychological harm", sentencing guideline is 6 to 14 years.

i imagine that they will have difficulty demonstrating the required intent to kill.

There is a difference between violence committed with a complete indifference to the potential death and violence with an intent to kill. With the number of assailants, unless they had a discussion about going out looking for someone to kill and one of them was prepared to testify to that (and was credible), a charge of attempted murder wont stand.

Though i agree with your sentiment. GBH hardly seems sufficient.

Is the charge racially aggravated gbh or racially aggravated gbh with intent? The sentencing guidelines are vastly different for the two charges. If they add an intent element to the charge then I think the guidelines are 3-16 years imprisonment. I hope they have added intent.

I've just checked and it doesn't look like there was an intent element added To the charges . I guess the prosecution have to go for the charges most likely to succeed in a conviction. A conviction for a lesser charge still has to be better than an acquittal I suppose

I'm surprised they have been released on bail - but this could be normal.

I grew up in Croydon and DP's mum still lives there. Remand in custody is preferable to liberty in Croydon, imo!

winter I was surprised they're out on bail too.

The maximum sentence for gbh with intent (section 18 assault) is life.

As others have said in order to prove attempted murder you have to prove the intention to kill not just commit gbh which is v difficult to prove.