Aggrevated burgulary and GBH

[jugni]

my husband is a company director in a construction company. my husband had recieved a voice message from one of his employees ( Mr gill) who was thtreatening to get him kidnapped and kill him and all sorts, my husband then went to confront him at his house, he went and and making him listen to the message untill some men came and attacked mr gill my husband alsoi got pushed and fell to the floor but soon got up and walked away as he didnt want to get involved but then 2 days later he got arrested because mr gill had made a statement to the police that my husband went there with some men and he said that my husband punched him in the face but the other guys hit him with sticks and a metal bangal and caused him a 1 and a half inch cut on his forhead and that also my husband and the men smashed his windows, TV and all sorts.
there have been two statements made one from mr gill who says he was sitting on his bed when my hudband attacked him but the other man that lived with ,mr gill said that thet attacked mr gill in the hall way.

my husband is now on remand and going to maybe be charged with aggrevated burgulary and GBH. so what can the sentence be and any way out?

[Count-A-Strong]

Why were these 'other men' there at the same time as you husband?

[boxtops]

It seems rather a shame in hindsight that your husband didn't take the threat straight to the police - this might have avoided personal confrontation. Did he break in to Mr Gill's, otherwise how is he being charged with burglary?

[AlBags]

Is the voice message from Mr Gill stored? You can use this as good reason to go there for a start.
Did your husband know these men at all?
Any reason for the burglary charge?

[dh001]

Hi jugni

I will have a look later in more detail, but if your husband is on remand then he has already been charged with criminal offences.

[dothawkes31]

Must be the first injury caused by a metal bangle, who was wearing the bangle and was it sed like a knuckle duster cos that sounds very gangsterish

[factor-fiction]

Does your husband not have a solicitor? He needs one.

[jugni]

my husband does have a solicitor, he said that maybe mr gill could have other enemys.

no the bangal is the sikh religeous bangal. nothing like a nuckle duster. Mr gill has told on his statement that it was the other man who was wearing the bangal not my husband

yes the voice message has been stored but i dont know if the police have taken the voicemail seriously or not.

my husband did not break into mr gills house he actually knocked and the one man that lived there opened thedoor but mr gill said that apparently when they were beating him up they decided to break his windows aswell.

[ChuckFickens]

Surely if they broke the window while they were beating him it would have been broken from the inside out!

[joeluke]

^ "untill some men came and attacked mr gill"

Did these men just turn up unexpectedly?

You still haven't said if your husband knew them

If your husband arranged for these men to turn up at the house with weapons then he is as guilty as the attackers

When threats were made to your husband why didn't he go to the police instead of taking matters into his own hands?

[jugni]

no my husband didnt know them, but mr gill sid that they came with my husband whereas they didnt.

[jugni]

mr gill and the other man who gave there statement didnt say that they enyterd the house with weapons so i think they must have picked up the wooden stick from the house and the bangal was obviusly on there wrist.

[joeluke]

So they were just strangers who turned up out of the blue then?..........

........who happened to be armed

Some coincidence

[ummmm]

Was any property taken? I thought that's what burglary was....

[ChuckFickens]

In the UK the definition is.....

"A person is guilty of burglary if he enters any building or part of a building as a trespasser with intent to steal, inflict grievous bodily harm [or raping any person therein], or do unlawful damage to the building or anything in it.(section 9(1)(a))"

(aggravated just means carrying a weapon)

It's the US definition that only applies to stealing stuff (and only at night)

[jugni]

no they weren't strangers mr gill new them.

and nothing was taken from the property.

[ummmm]

Ok...but he didn't enter the property...apparently.

[jugni]

the reason mr gill threatened my husband was because my husband owns a construction company and mr gill was working for him my husband asked him for his documents to prove he has right to work in the countary but mr gill kept leading him on about 3 weeks later my husband told him that he can no longer work as he has not provided the documents and plus he was told that mr gill was illegal in the country. so mr gill said to my husband that " dont worry you threw me out of my job now i will show you" so after this the threatening voicemail happened.

and now whilst my hubby is on remand mr gill is telling other work mates that live with him that he will never let my hubby get out of prison that he is gonna teach him a lesson.

we could not tell police that because we dont have exact proof its just word from the mouth.

[Kingbushido]

maximum sentence for aggravated burglary is life imprisonment. The reason it is "aggravated" is because of the GBH.

best way out is to tell the truth. As a concocted story in court would amount to perjury, which carries a maximum sentence of 7 years.

The tape recorded message wont be much help - any threat to kill must be immediate in nature in order to fulfill the requirements of the offence of "threatening behaviour".

As this happened over the phone, it might come under different offences such as the malicious communications act, but this has little bearing over the serious offences your husband has been charged with, and is not a legal defence for the charges brought upon him

(former PC).