HELP

[hannahmarie93]

PLEASE HELP!

My boyfriend Michael went to Swansea for his 21st birthday. With about 4 of his friends. As they went for their mini bus home, Michael & his friend was play fighting. As they approached McDonald, a boy who used to beat Michael when he was 15, walked out with a friend. Michael drunkenly shouted over, ' I remember you, you beat me up when I was 15'. The boy shouted back, ' Did it then, I will do it again!' Michael walked off, yet the boy threw his food on the floor and walked towards Michael. He threw a punch a Michael, hitting him. Michaels friend punched the boy back, and again that boy punched Michael again! At that point Michael punched him back. (please bare in mind my boyfriend has a mental illness; ADHD) Michael then started kicking him, and hit him approx 3 times in the face. (his injury was later a broken jaw) That boys friend came running at Michael, with his top off, clenching his fist! Mike punched him once resulting in a cut above the eyebrow.
Also bare in mind before you give negative comments that suffers with ADHD blank out whilst having fits of rage. & he has never been convicted of any violence related offences! Only for a driving offence and a section 4, ( a drunken argument with a woman)
He was arrested that night, and kept in custody for 19 hours before interviewed. While he was interviewed he got shown the CCTV footage. Which he had no memory of what exactly happened, other than it is self defence!!
At magistrate court they remanded him as they reckon the would not turn up to crown! Where he has never failed to turn up to court.
He's been on remand on B Wing, where he is constantly being checked, as he's on suicidal watch. But has crown court now on the 1st of May. I have been to visit him, and can see prison is not for him. He's not well enough, and his solicitor reckons he's not fit for trial either.
BEFORE ANYONE JUDGES' PLEASE RESEARCH ABOUT HIS ILLNESS. It doesn't make him a bad person in any way! He defended his self, where most of you would of done the same.
I would be so greatful if someone with experience gets back to me. my mind is doing overtime!! xx

[EDDIE51]

What do you think we can do ? He has been remanded , so until the court hearing there is nothing we or anyone can do. You need to get a solicitor who is familiar with the medical condition and can make certain that it is taken into consideration.
The crown court date is just 2 days away, you need to get his solicitor to apply for bail at the hearing . If he does not have a solicitor get one tomorrow morning , he needs urgent legal help to present the bail application.
Do not waste time on here start looking for a solicitor NOW !

[lcg]

adhd is no excuse....

[bednobs]

the only person who can help him is a solicitor - has he got one? if not, he needs one.

how convenient that he can't remember anything but can remember it was self defence! i would guess most people would say "prison is not for me"

[daffy654]

ADHD is not a mental illness, it is classed as a developmental disorder.

[brenda]

Not sure what if anything AB can offer in the way of help. The boyfriend already has a solicitor as mentioned in the post. Think all the poster can do is to be supportive of her boyfriend and, and get him to follow the advice given by his legal representative. All the best.

[EDDIE51]

If his mental condition is so poor it is probable that a bail application would fail as he needs to be in a 'place of safety' as he is at present presumably in the prison medical unit, the alternative would be release him to a secure unit outside prison and there are very few such places available. He would not be given unconditional bail as his safety could not be assured.

[joko]

if they have cctv it will who did what.
having adhd does not mean you can commit a criminalact and get away with it- he still did it, regardless... it is just a learning disorder - not a mental illness.

adhd is not a defence so dont think keeping on about it will protect him

in terms of the incident, your bf shouted at the other lad, out of the blue - why?

[EDDIE51]

I have just read the NHS guidelines on ADHD and nowhere does it give 'fits of rage and blackouts' as symptoms . If your BF is suffering as you say, it is not ADHD , he had better get his story straight before court tomorrow .

[friedgreentomato]

Your boyfriend started it by shouting drunkenly at this other lad - he was up for a fight!

The symptoms of attention deficit hyperactivity disorder (ADHD) can be categorised into two sets of behavioural problems:

symptoms of inattentiveness
symptoms of hyperactivity and impulsiveness

[Nini74]

Sorry - "Michael then started kicking him, and hit him approx 3 times in the face. (his injury was later a broken jaw)" - that's not self defence..... the lesson to learn here is not to go for a night out in Swansea ! sorry - just being flippant. You say he has a Solicitor who seems perfectly well aware of his learning difficulties, so I think all you can do is be there for your boyfriend, and hope he gets a just penalty for the crime. I have to say though, you make him out to be some sort of victim, but then you say that he's had convictions before and never failed to turn up for Crown Court before, so all in all, I wouldn't say he was that sweet and innocent. hope it all works out for you, but I have to say, he clearly instigated the whole incident by shouting over to someone who he'd had problems with in the past. If he hadn't antagonised the other guy in the first place, nothing would have happened....

[EDDIE51]

I was hoping the questioner would come back and tell us what actual offence her BF has been charged with , this would help us decide what the outcome might be.
Looks to me like a Section 18, GBH with intent. If so he is going to do some time in prison .

[hannahmarie93]

ADHD is not just a learning disability. His doctor has reports which clearly states Michael suffers from black outs. & the reason he knows its self defence is because he was out with other mates too. Shouting over to someone about beating him up when he was 15, doesn't state he was picking for the fight. Michael walked off from the lad. Yes hes getting charged with a section 18 with intent. x

[Nini74]

His Solicitor will know how best to deal with the matter.....

[daffy654]

ADHD is a developmental disorder (stated again), I did not say it was a learning disability. It does not cause blackouts in the sense of fainting/passing out but can cause an absence state where the sufferer is so blinded by rage that they are not 100% aware of their actions. It cannot be used in court as an excuse/reason for committing a crime/assault.

[friedgreentomato]

Thank goodness the ADHD sufferers I know do not behave in this manner!!!

[hannahmarie93]

when i said 'blanking out' i didnt mean fainting. i meant he wasnt aware of his actions. where i live that is whats its called x

[joko]

blanking out is a convenient and common excuse given by people who do this kind of thing... they erroneously believe that claiming not to know what they have done, will somehow help them get off - it wont.

and shouting over to someone in that manner absolutely is spoiling for a fight... otherwise the other lad wouldnt have gone for him - to say he didnt realise the lad would not take kindly to this is nonsense - why did he say anything at all? who does that?
how exactly did he expect the other lad to react?

[grffindoor2011]

The ADHD argument in my experience seems to be a common thing now. I know three people with the condition and all are sane people who have not been in trouble EVER.

On the other hand, I have seen more than triple that in employment tribunal cases etc who were perfectly ok before and who have mysteriously developed ADHD once they find themselves in trouble or need a reason for their actions

The 'boy' who I would expect to be a man by now and who threw down his food, must also have ADHD, he already has a record for lashing out when he was 15.

'He has never failed to turn up to court' makes me curious as to why the ADHD has not been brought up in the past during previous arrests, or has it?

One of the conditions of ADHD can be acting without fear or regard of the consequences. If the CPS know of the ADHD, that in my mind is good enough to refuse someone bail particularly with the previous arrests/convictions.

As far as this case is concerned, I would hope that Michaels whole past history of ADHD and its consequences are brought up to show he needs help. If I were a juror I would certainly want to see plenty of such evidence. However, I would not be voting not guilty each time just because someone has ADHD.

[grffindoor2011]

Oh and ''It doesn't make him a bad person in any way! He defended his self''

He started it by being drunk and shouting out to the 'boy', is that why he has been remanded, because the person he 'defended' himself against is under 18. The word boy is mentioned FIVE times.

[hannahmarie93]

oh whatever, don't now why i bothered asking for other peoples help. your all useless. Yes his adhd have been brought up before. and it was about a month ago where i had to book him an emergency doctors appointment becuase he smashed the kitchen up and had no idea he had done it. he needs help. but you lot don't understand. and no the boy does not have adhd. he started on michael.