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GBH with Intent s18.
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Hi I was raided at 5am by the police. I am a single father of a small child and a 17 year old son. This was last August. I have a very serious heart condition and had 2 heart attacks and every med possible. I was asleep on my sofa which is 7 ft from my front door where the police came in. It was very dark.
When they burst in all I heard was shouting. No police being shouted. I leapt up and stepped forward. i was punched several times to the face and pinned down. I though they were burglers. I feared for my children thinking they were to be attacked. I could not move. A hand covered my mouth and nose. i could not breath. I felt a thumb push into my mouth and in order to breath I bit into it. then they shouted police. i relaxed. I was in severe agony and bloody and bruised myself. This all happen in approx 10 seconds. I had no intention of hurting anyone and acted in panic and self defence. I was denied my medication to relieve my chest pain.
I have been charged with GBH with Intent section 18.
This all happened very quickly and as stated I did not know they were police. My son was assaulted also when they entered his bedroom and banged his head and bent his bed. My son and my girlfriend never once heard them shout police.
I acted out of panic and self defence and nothing was intentional. But I could not move or breath and did not know they were police as in dark clothing and light was bad!
Any advice would be appreciated as this is at Crown Court trial.
When they burst in all I heard was shouting. No police being shouted. I leapt up and stepped forward. i was punched several times to the face and pinned down. I though they were burglers. I feared for my children thinking they were to be attacked. I could not move. A hand covered my mouth and nose. i could not breath. I felt a thumb push into my mouth and in order to breath I bit into it. then they shouted police. i relaxed. I was in severe agony and bloody and bruised myself. This all happen in approx 10 seconds. I had no intention of hurting anyone and acted in panic and self defence. I was denied my medication to relieve my chest pain.
I have been charged with GBH with Intent section 18.
This all happened very quickly and as stated I did not know they were police. My son was assaulted also when they entered his bedroom and banged his head and bent his bed. My son and my girlfriend never once heard them shout police.
I acted out of panic and self defence and nothing was intentional. But I could not move or breath and did not know they were police as in dark clothing and light was bad!
Any advice would be appreciated as this is at Crown Court trial.
Answers
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You certainly need very good legal advice. and a good barrister for the Court hearing. If what you have stated here is correct, you have to assume the police evidence in Court about what happened will not be correct.
You should also get advice from your solicitor about the possibility of taking action against the police for assault on your son and yourself.
You should also get advice from your solicitor about the possibility of taking action against the police for assault on your son and yourself.
A further thought. How serious was the injury to the policeman's thumb? Unless you did some really bad damage by biting very deeply into it I fail to see how it could be classed as GBH - sounds more like ABH. Are they throwing the book at you because it was a police officer rather than a member of the public? Your solicitor/barrister should be able to comment on this.
Hi I think this could be the case. Yes he needed stitches. But with myself completely restrained, one must beg the question what police tactic employs a hand across the mouth and nose area? This was all very manic and I still did not realise they were police officers ( all in a few mad seconds, low light, black clothing). With my heart condition as it is, I struggle to carry oxygen as it is, let alone with several bodies pinning me down! Get a friend to place their hand across your mouth area.Notice how the palm of the hand obstructs both mouth and nose. Then the force and weight as the thumb slipped into my mouth. My eyes rolled backwards. Was I to die? As soon as they shouted police I released!
I am very pro-police and very anti-criminal. But if what you are saying is true, then the police acted very unprofessionally and indeed criminally.
I am not judging you, but there are so many flaws in yyour story.
You must get these right if you are to build any defence.
Were you seen by a doctor re your injuries whilst in custody? Several punches to your face will leave bruises?
Have you made a formal complaint to the police?
When police raid a house in this circumstance, it was probably drawn from PACE powers (Sect 18 if your friend was arrested) or a MDA (Misuse of Drugs Act) warrant. Both these powers would have needed a degree of good evidence for them to be authorised (Sect 18- a Police Inspector, a warrant- a JP or magistrate)
I can assume therefore there is evidence on your property re drugs use or violence.
For a forced entry there must have been reasonable cause to believe those inside will resist or hide evidence. Have you been involved in any way? Most Sect 18 searches and warrants are simple knocks on the door. All this SWAT entries are really a bit Hollywood. Yes they do occur in UK, but only if justified.
A quote from the ECHR (Euro-convention of Human Rights)
is "the state {i.e the police} should not use a sledgehammer to cravk a nut". Basically this means every act must be proportionate to the reality of it.
Did you have a solicitor at custody? If not get one ASAP. Make sure you get a copy of the search form and if not done so make a formal complaint. The complaint may not be dealt with until after your case, but get it in nonetheless. Get medical evidence from your injuries.
I am not judging you, but there are so many flaws in yyour story.
You must get these right if you are to build any defence.
Were you seen by a doctor re your injuries whilst in custody? Several punches to your face will leave bruises?
Have you made a formal complaint to the police?
When police raid a house in this circumstance, it was probably drawn from PACE powers (Sect 18 if your friend was arrested) or a MDA (Misuse of Drugs Act) warrant. Both these powers would have needed a degree of good evidence for them to be authorised (Sect 18- a Police Inspector, a warrant- a JP or magistrate)
I can assume therefore there is evidence on your property re drugs use or violence.
For a forced entry there must have been reasonable cause to believe those inside will resist or hide evidence. Have you been involved in any way? Most Sect 18 searches and warrants are simple knocks on the door. All this SWAT entries are really a bit Hollywood. Yes they do occur in UK, but only if justified.
A quote from the ECHR (Euro-convention of Human Rights)
is "the state {i.e the police} should not use a sledgehammer to cravk a nut". Basically this means every act must be proportionate to the reality of it.
Did you have a solicitor at custody? If not get one ASAP. Make sure you get a copy of the search form and if not done so make a formal complaint. The complaint may not be dealt with until after your case, but get it in nonetheless. Get medical evidence from your injuries.
Thank you for that.
Yes pictures were taken of my injuries which were extensive. Yes my medication causes me to be incoherent, especially at 5am. No I am NOT connected to drugs and never would be! Yes my barrister is building a defence to this all. Their statements conflict each other. I am not a violent person and if anything was self defence to survive from suffocation! It was very dark. Yes the police nurse took pictures and notes of my own injuries.
Yes pictures were taken of my injuries which were extensive. Yes my medication causes me to be incoherent, especially at 5am. No I am NOT connected to drugs and never would be! Yes my barrister is building a defence to this all. Their statements conflict each other. I am not a violent person and if anything was self defence to survive from suffocation! It was very dark. Yes the police nurse took pictures and notes of my own injuries.
GBH s18 states that you committed grevious bodily harm with intent to do so. however if you acted as a result of an attack with which you were not informed to prior of it would be much easier for you to claim self defence, based on the fact that you responded with reasonable force, which, given the nature of the attack from the police and your current conditiopn would be within your rights to do so
Both a GBH or ABH charge would go to Magistrates Court first for a plea. A GBH will then automatically be referred to the Crown Court for trial, whereas an ABH trial is usually (although not always) heard in a Magistrates Court.
The injuries and actions you describe do not amount to a GBH with intent.
There must have been more serious injury or aggravating actions for the CPS to authorise a charge of GBH - the police CANNOT decide on the charge if you're denying it - it has to be reviewed by the CPS who will review all the evidence and decide whether a charge is to be authorised - on very many occasions they refuse a charge, or lower the level of assault, because of accepted Charging Standards. They will generally only agree a charge if they believe there is a good chance of prosecution. They've also deemed the appropriate charge to be not only GBH but GBH with intent.
Also, have you seen what information/evidence was given to the magistrate/judge who authorised the warrant?
Are you sure that nothing else happened? Was any other evidence put to you?
The injuries and actions you describe do not amount to a GBH with intent.
There must have been more serious injury or aggravating actions for the CPS to authorise a charge of GBH - the police CANNOT decide on the charge if you're denying it - it has to be reviewed by the CPS who will review all the evidence and decide whether a charge is to be authorised - on very many occasions they refuse a charge, or lower the level of assault, because of accepted Charging Standards. They will generally only agree a charge if they believe there is a good chance of prosecution. They've also deemed the appropriate charge to be not only GBH but GBH with intent.
Also, have you seen what information/evidence was given to the magistrate/judge who authorised the warrant?
Are you sure that nothing else happened? Was any other evidence put to you?
Exactly. My solicitor and barrister were astounded after hearing the prosecution evidence and my taped statement to the police that they would push such a charge. I haven't been charged with any drug related offences. Nothing was found on my property as I do not and have never been involved in such a thing! From what I can gather their evidence is based on "heresay" and centres around my friend's brother who was raided and was found with drugs.
I had always protested self defence and after being pinned down after instantly being punched several times to the face on the ground and not knowing they were police ( they never shouted police when entering and I have two witnesses to this effect), a hand was covering my mouth area and I couldnt breath and in order to survive I bit the thumb and caused stitches to the officer which I deeply regret as I am not a violent man. However given the circumstances, the poor light, the time ( 5am), the fact I was only 7ft from my front door when they burst in in packs, was battered to the ground, could not move and in the light not knowing they are police ( all very manic and frightening) and thinking it was burglars...they still stuck that on me!
Everyone is astounded. Plus my medication makes me incoherent! I would assume anyone would be at 5am! I have always stuck to this story as it is the truth, yet am frightened to what they have put on me as I was never ever intentional and neither, if I knew they were police, would ever use violence!
One only wonders if they have done this due to the fact it was an officer, which I deeply regret. However my injuries were very extensive in themselves.
I had always protested self defence and after being pinned down after instantly being punched several times to the face on the ground and not knowing they were police ( they never shouted police when entering and I have two witnesses to this effect), a hand was covering my mouth area and I couldnt breath and in order to survive I bit the thumb and caused stitches to the officer which I deeply regret as I am not a violent man. However given the circumstances, the poor light, the time ( 5am), the fact I was only 7ft from my front door when they burst in in packs, was battered to the ground, could not move and in the light not knowing they are police ( all very manic and frightening) and thinking it was burglars...they still stuck that on me!
Everyone is astounded. Plus my medication makes me incoherent! I would assume anyone would be at 5am! I have always stuck to this story as it is the truth, yet am frightened to what they have put on me as I was never ever intentional and neither, if I knew they were police, would ever use violence!
One only wonders if they have done this due to the fact it was an officer, which I deeply regret. However my injuries were very extensive in themselves.
sorry to go on about this but had you been charged with s18 you would not have been able to enter a plea in the Magistrates court.
The only power the magistrates have in such cases is to consider bail and leagal aid. The case would have been sent to the Crown Court under s51 - you would not have been asked to enter a plea.
You have either been charged with s47 ABH or s20 wounding both of which are either way offences which can be tried in the Magistrates court or the crown court. Neither offence requires intent to cause gbh
The only power the magistrates have in such cases is to consider bail and leagal aid. The case would have been sent to the Crown Court under s51 - you would not have been asked to enter a plea.
You have either been charged with s47 ABH or s20 wounding both of which are either way offences which can be tried in the Magistrates court or the crown court. Neither offence requires intent to cause gbh
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