GBH With Intent Section 18

[sarah18]

Hi, my name is Sarah and i really need some advice in what to expect in court..

My bofriend dropped me off to college one morning, as he was walking back to his car a group of boys swore at him, he swore back at them and ended up in a fight however my friend stabbed a boy and injured another with a knife, the knife does not belong to my boyfriend but the boys that attacked him are also saying that the knife is not there's..

The boy that got injured has a past with knife fights before, would the judge take this into account and that my friend was all alone and they were a group (self defence)?

However my friend disapeared for a month, he then handed himself in at the police station, is this why he was refused bail?

There are witnesses for my friend that were around when this happened saying that they saw the boys attack him, the boys that got stabbed also have witnesess..
He has been in prison since January, the court is in July, he pleaded not guilty..

[factor-fiction]

You've asked about this before haven't you? Have you got the original thread- do we need to reread it ?

[jno]

he might get off; as far as I know self defence is still a legal defence. But I suspect ownership of the knife will be important.

[sarah18]

Thank you Eddie..
And no i have not asked about this before.

[sarah18]

Thank you jno, both sides say that the knife is not their.. :S

[factor-fiction]

okay. There was a question on here before which described exactly the same circumstances. Must just be a coincidence.

[factor-fiction]

Just a coincidence.
http://www.theanswerb...w/Question874485.html

[boxtops]

Amazingly similar circumstances to the previous post by someone else!

[sarah18]

Ok

[factor-fiction]

And coincidentally both seemed to happen in the same month, although the other poster was called Felicity not Sarah
http://www.theanswerb...w/Question874485.html

[sarah18]

Ow yes sorry, back then i didnt have internet so i asked my friend to write a question on for me..

[sarah18]

Why isit that in some cases (not this one) when you plead guilty the sentence is less than you would get if you pleaded not guilty??

[jno]

well, he needs to get a good lawyer. He stands every chance of being found guilty and being locked up, but I would have said that if witnesses will come forward he should be able to claim self defence. Very important that it should not turn out he was carrying the knife, though, as Eddie says.

[sarah18]

Thank you jno.

[jno]

oh, and (a) sometimes you get credit for pleading guilty so the court spends less time on it, but that doesn't mean anyone should ever plead guilty when they're not; and (b) yes, disappearing will probably have been the reason why he didn't get bail. Why did he disappear? It was a very bad move, though if he then handed himself in unprompted it probably won't count against him much.

[sarah18]

Well he also was injured quite badly and says he didnt know what to do at that moment so he disapeared, what i dont understand is how will they then find out who the knife belongs to because unfortunetly there was no cameras at the scene to prove anything.

[jno]

Indeed, but somehow that knife got into his hand and nobody else's. He'll need to explain that away.

[sarah18]

Yes your right.

[dh001]

Sarah, basically, you need to ask your friend to tell you the true and full facts of this case if you want proper advice on here.

Pleading self-defence is not as straight forward as some may suggest and in such a case it is a specific matter of law and for the courts to decide. Do you know why your friend is pleading not guilty i.e. on what grounds is he saying he has not committed unlawful assault?. If, for example he is claiming he was attacked and defended himself, why was it necessary to 'disappear' for a month instead of reporting the matter to the police. I note your previous reply to this question in that he said he did not know what to do but it just doesnt sound convincing.

Surely your partner has told you how he came in possession of the knife, what has he told you?

His bail was refused even though he surrendered himself to the police and yet the police and courts agreed to remand him in custody for trial. There are only a few reasons why bail can be refused, does your friend have previous convictions, is he of no-fixed abode. What did he tell you the reason was for being refused bail?

Also, you state the injured person has a previous history of violence using a knife, how do you know this?.

As already mentioned, this is a very serious offence and it is further aggravated by the use of a knife in public.

[dh001]

cont..

Another obvious factor will be the extent of the injuries, do you know what injuries were?

And finally, Is the sole motive for the assault a result of this swearing at each other or is there more to it?

Your friend will be represented in Crown Court by a Barrister who will keep him up dated prior to trial and advise on a likely outcome and any sentence.