GBH section 20 without intent

[fatima22222]

My boyfiend is currenty being held in custudy for tipping a superstore worker outside in the car park. I was 3months pregnant at the time and me and my patner just did some shopping. i was pushing the trolly and my boyfriend threw rubbish on the floor, the worker said to my boyfriend to pick it up but he said 'its your job u get paid for it so u pick it up'. The worker threatend him saying 'i'll do ya, i'll do ya'. so my boyfriend said something like kevin (he knew this guy for a while) 'why dont u live with your mum?' the worker found it offencing so he came and pushed the trolly that i was pushing. my boyfriend as he is protective over me being pregnant with our first child he got quit angry. he came again and kicked it this time but i kept on telling my patner to leave alone so he just swore at him. He third time he ran at us tryed his 3rd attept so my boyfriend chased him and accidently tipped him over without any intentions to harm him and the worker fell on the floor start screeming then big man came over to my boyfiend and he legged it. He worker doesnt remember anything after the scene a doctors statement said the he fractured his skull and should but got back to work week after that. He didnt report the incedent it was the superstore. this was 2years ago when this took place and the came around in january last year, the sentencing is next week. i have got a beautifull daughter thats 10months old and he doesnt want to miss anything. I need some advise on what could happen at the sentencing please im stressing alot and all i can do is get character reference from everyone that he know which isnt many.

[Teleph0ne]

Your boyfriend sounds like a lovely man! If I had been the store worker I would have kicked his head in! who does he think he is? I think you shoud prepare yourself for your boyfriend going to prison, if not for this offence I'm sure there will be more judging by his attitude!

[fatima22222]

he has pleaded guilty already but doesnt know what to do. he handed himself over when the police said that he was wanted. the superstore has no evidence against him but at the time he didnt know that and didnt get a solicitor involved its something that he regrets now.

[Teleph0ne]

yes but does he regret it just because he in sat in a cell? If he had just got an assult charge then he would probably be in the shop throwing more rubbish on the floor and abusing the staff.

[fatima22222]

first of all i ment that he regrets not getting a solicitor involed and second that he didnt and throw rubbish in the shop.

[jake-the-peg]

Don't listen to Teleph0ne.

He says sarcastically what a lovely man your boyfriend is and then immediatly says he'd have kicked his head in.

I'm afraid the law thread attracts people who get a kick out of telling others what scum they think they are.

I guess Jeremy Kyle's finished on TV and the Daily Mail's been read so there's little else for a superior human to do!

[fatima22222]

im sure when the worker kicked and pushed the that i was holdind i could of got im done for that because i was pregnant at the time. my boyfiend was trying to protect me.

[chelle7272]

fatima, as you say you have a 10 month old and last thing she will need is for you to be stressed. The fact is your boyfriend is guilty, and he will have to pay the price for that. However, if he is sentenced it will not be a long sentence and he will soon be back with his family. It's a shame that he will miss some part of her growing up, but hopefully that will be some incentive to your boyfriend to keep his temper in check next time.
You should accept that there may be some time apart and not let this stress you out too much as you will need to be there for your daughter.

[jake-the-peg]

I doubt it.

You have no evidence of that or how violent that was.

On the other hand you have a guy who sustained a fractured skull after a tussel with your boyfriend.

Self defence is never going to wash.

You haven't said whether your boyfriend has any previous convictions that's likely to be quite important

[ummmm]

It also seems a bit sugar coated.

[fatima22222]

yes he has been convicted when he was about 16years old for robbery he is now 21

[fatima22222]

how long do you think he will go down for?

[ummmm]

We haven't heard the other side of the story so it's impossible to say.

[fatima22222]

well there isnt no otherside of the story. the shop worker isnt willing to say or share anything about the matter in court.

[fredpuli47]

fatima, do take note of what chella has just said.It's perfect sense and very important.The lawyers (and the amateur lawyers too!) can only say 'this means going away', custody, and you have to prepare yourself for that.We can't say how long it'll be because we don't know your man's record and the version the prosecution have of this.Any defendant and his friends will put everything in the best possible light, which is human nature and natural, but the court won't necessarily see things that way.Let's face it, your man showed a disturbing amount of temper and an enthusiasm for violence which he'll have to learn to control.

[jake-the-peg]

It is difficult to say but given the previous history I'd suggest he's likely to get a custodial sentence but the charge is the less serious without intent.

I'm presuming this is a crown court and not magistrate case

it can be up to 5 years but the more serious with intent charges are often 3 years or so

Wild guess? a year? 18 months? who knows

Unfortunately it's the sort of case where being represented by a good lawyer can make the world of difference

[fatima22222]

so what about the worker controlling his temper when boyfriend said something to him and he aggresivly replied 'i'll do ya,i'll do ya' then pushed and kicked the trolly there was also a witness statement stateing that.

[redcrx]

does the witness statement also say that you partner did not walk away at that point but continued to wind the worker up? He did have that choice of walking away and thus, hopefully, avoiding all of this.

it does sound as if your boyfriend was already in a highly confrontational state anyway, talking to the worker the way he did about the litter.

[jake-the-peg]

That's a mitigating factor which can reduce the sentence a little but as pointed out he chose not to walk away.

I rather imagine it was less that he was protecting you and more that his pride, his sense of honour was challenged by someone he knew in what he saw as a menial position ordering him around in front of you.

You'll just have to wait and see but it sounds as if he's got a bit of growing up to do around his pride

[dizmouk2009]

fatima all you can do is hope that this goes right for him. Like jake-the-peg has said, he needs a good solicitor. With a good solicitor he could get off with a light sentence. It seems strange that this happened so long ago and it is only just coming to light!. It migth be worth your partner mentioning to his solicitor that the person he assaulted can't of been too concerned or injusticed as he didn't even run with the assault in the first place.

[fatima22222]

thanks dizmouk2009 i will pass that on asap thankks for all your advise. My head is just spinning around! all i can do is pray for him to a suspended sentance or go on tag and a community service.