Sent down for Robbery and GBH without intent

[Luse87]

My boyfriend and his brother have just been sent down for 6 and a half years for robbery, they also got charged with GBH without intent and got 3 and half years for this. They will serve about 3 years in total. They didn't actually commit a robbery but my boyfriends brother took £30 which he was owed, this was even backed up by the CPS' witness in court. The person who they were supposed to have robbed was my bfs brothers friend of about a year and a bit of a low life to be honest, he started attacking my bf with a metal bar when they simply went round to ask for the money. No robbery was intended or planned and they didn't even intend to hurt him. It was completely innocent. He must have panicked and started attacking them but although he was the aggressor his injuries were deemed worse because he was the apparent 'victim' an my bf didn't even get his injuries properly checked out because he was considered a criminal. Anyway in court the CPS were certain they could not do them for robbery because the evidence was completely against this, and a robbery implies that you have planned it and you have intended to go round and use force to steal from someone. This is why they brought in the 2 other charges which were GBH with intent and GBH without intent. The judge explained to the jury that if they couldn't find them guilty of robbery then they must consider the other two charges. However to eveybodys surprise they found them guilty of robbery and GBH without intent. This doesn't add up, because robbery is the act of going round somewhere with intent to use force and to steal. So the charges don't even add up! We are appealing, as we believe the jury could not have possiblt understood the charges and also there was clear evidence saying money was owed and the only evidence from the CPS was from the so called 'victim' who gave 5 different accounts of his story and claimed that the discrepenceies were because the police had been inventing parts of his statement! I still can't believe what has happened and it all seems so wrong, I just wondered if anyone had any thoughts on how successful the appeal might be or if they can just give me there opinion on this case, as I know my opinion may be slightly biased although I can honestly say they are not guilty of robbery. Thank you.

[daftgrandad]

RW1991> How do you think baliffs work <
They carry official documentation,that allows them to carry out their job legally.

[cathfromsaron]

if the barrister didn't put the case across accurately or credibly don't blame ABers! i asked was it their first offence?

[Luse87]

I think you'll find I described as the 'victim' or so called victim implying he is not!!!!

[jackthehat]

You *were* asking for our opinions .......

....." how successful the appeal might be or if they can just give me there opinion on this case," <<<<<<<<< just there!!!

[RW1991]

no its just a very complicated case, that is the events that happened and have been verified b prosecutions witnesses used in court. you are not stupid its just we would like any helpful advice rather then people judging are bf

[Luse87]

I was asking for advice and if you expect me to not respond to someone implying that they must be guilty because the law says so when I know full well the whole story (which I admit is not easy to get across on here) I think I am well within my rights to call someone stupid if they are making stupid judgements.

[grasscarp]

my bf had previously seen weapons at his house such as axes and bb guns
So your boyfriend has some strange friends!
I am tempted to think this whole thread is a wind up.

[sir.prize]

Luse87 - not been a good Friday for you has it? Try to be a little more friendly on AnswerBank and help will be forthcoming

[jackthehat]

After full presentation of all pertinent facts and details, your boyfriends were found 'guilty, as charged' in a court of law.
You are both presenting a highly partial truncated version of what happened that night, and are getting snitty because you are not receiving any answers confirming what a travesty of justice has been undergone by these two paragons of virtue........

[Brenden]

I also had the same thoughts grasscarp, everyone has tried to be so helpful, i am now waiting for the punchline.

[grasscarp]

Luse87 please stop insulting our intelligence. If you want someone to see that is not right, they are obviously totally innocent and did not deserve this sentence and they will get off on appeal you are not going to hear it.
ABers are nothing if not honest and based on your stories, the appeal is doomed. Wake up and smell the coffee.

[RW1991]

on the day in question the boys had been for lunch in tow on there way home to get ready to go out they thought they would stop of to invite the guy out in hope that my bf could get his money back after a pint or two. both have jobs good family and background and never been in trouble with the police after being invited in, the older brother was attacked with a bar, my bf panicked was told where the money was they were owed after the older brother had managed to unarm the guy. when he was upstairs gettin the money fighting broke out down stairs which left the guy with the injuries he sustained. they never meant to hurt him. and the guy is a bit of a weapons nut, he has previous for violece. what we were trying o get accross is that although they were convicted of robbery they were convicted for gbh in self defence which contridicts each other. half way through the trail the prosectors and the judge all agreed that the robbery couldnt be convcted, so they bought in a 3rd indictment for theft as it wa more appropriate all 3 charges were put to the jury despite them saying robbery they couldnt e convicted for robbery

[RW1991]

we arnt insulting your intelligence we just want advice not opinions. it is a very complicated case which lasted over a week.

[jackthehat]

<<<were trying to get across is that although they were convicted of robbery they were convicted for gbh in self defence which contridicts each other. half way through the trail the prosectors and the judge all agreed that the robbery couldnt be convcted>>>

They were convicted of robbery despite the prosecutors and judge agreeing that there couldn't be a conviction for the robbery charge??

[RW1991]

yes because all the indictments have to be put to the jury the defence and the judge in his summing up made it clear it wasnt robbery especally if the gbh was in self defence hence are confusion of the conviction. a judge is a judge of law he cant say if they are guilty that up to the jury.

[sir.prize]

Do we have two new users here 'familiar' with the case in question?

[RW1991]

in the eyes of the law you cant have robbery with out intent, they were founf to be in self defence yet still gt the robery

[redcrx]

for £30 they hung around after being beaten by a metal bar, and you are question the intelligence of the ABers?

[RW1991]

me and luse87 are the girlfriends of the two guys involved