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Aggrivated Burglery
I am in crown court in 7 days to enter my plea and im just woundering what i might expect with this case.
Last year in summer a mate of mine had a guy living at his address while his mrs was ill in hospital as he had no money for food electric etc as she had the bank card and he wasnt due his money till the next friday so i lent him around 130 pounds and 2 other friends gave him money for taxis,food etc
It then came to my attention that infact he was using all the money to fuel a heroin and crack addiction that i was unaware of so i wanted to make sure he would pay the money back went round his house to speak face to face with him about it.
after nocking for a good long time and being told to f off by him i lost my head and kicked his door witch opend so i went in this reulted in a fight that he started.
Now i had been round there before and been inside the flat but it turns out that police raids had weakend the door.
When we was fighting fell against the wall were he got a small split on the back of his head.
He is saying that i attacked him with a hammer and baseball bat and robbed him of money (he didnt even have any) witch is untrue i admited to kicking the door and the fight but said that it was never my intention.
he is also saying he was crawling on his hands and knees in the kitchen while i was supposedly hitting him still but photo's show that all thats in there are blood drips were as it would be smeard if that happend.
There is also blood at the place were i said we feel against the wall a blob then a smear down as we slid down a bit.
Now there are 2 witnesses that say the saw me holding a bat but they both do not describe me or what i was wearing infact they said i was wearing dark cloths when i wasnt.
There was no blood on my trousers or shoes but was on my t-shirt were we was grappleing again smeard not splatterd.
The fight ended soon as i saw blood as i never even wanted the fight just to know why he lied.
Now im 5"11 16 stone stockey built they said the person they claim had a bat was 5"7 and wearinin dark cloths wear i was wearing a near white top.
I handed my self into police when i relised he was going to them.
The guy i had the fight with was found inside his flat when Forensics turned up there were they found a small hammer with a smear of blood on it.
No DNA of mine links me to this in anyway.
also i found today that my interview i gave when arrested the tapes dont work includeing the masters (audio didnt work)
no one saw me enter the flat or saw me leave they say that they saw the bat after id crossed the road but were could i hide it with just a t shirt on.
what would the likely out come of this be?
also i had a stroke in 2011 and have a long term arm injury(torn tendums, tenis elbo and trapped nerve in shoulder) so swinging weapons around is not some thing i can realy do.
sorry about my spelling my brain aint once what it was
Oak
Last year in summer a mate of mine had a guy living at his address while his mrs was ill in hospital as he had no money for food electric etc as she had the bank card and he wasnt due his money till the next friday so i lent him around 130 pounds and 2 other friends gave him money for taxis,food etc
It then came to my attention that infact he was using all the money to fuel a heroin and crack addiction that i was unaware of so i wanted to make sure he would pay the money back went round his house to speak face to face with him about it.
after nocking for a good long time and being told to f off by him i lost my head and kicked his door witch opend so i went in this reulted in a fight that he started.
Now i had been round there before and been inside the flat but it turns out that police raids had weakend the door.
When we was fighting fell against the wall were he got a small split on the back of his head.
He is saying that i attacked him with a hammer and baseball bat and robbed him of money (he didnt even have any) witch is untrue i admited to kicking the door and the fight but said that it was never my intention.
he is also saying he was crawling on his hands and knees in the kitchen while i was supposedly hitting him still but photo's show that all thats in there are blood drips were as it would be smeard if that happend.
There is also blood at the place were i said we feel against the wall a blob then a smear down as we slid down a bit.
Now there are 2 witnesses that say the saw me holding a bat but they both do not describe me or what i was wearing infact they said i was wearing dark cloths when i wasnt.
There was no blood on my trousers or shoes but was on my t-shirt were we was grappleing again smeard not splatterd.
The fight ended soon as i saw blood as i never even wanted the fight just to know why he lied.
Now im 5"11 16 stone stockey built they said the person they claim had a bat was 5"7 and wearinin dark cloths wear i was wearing a near white top.
I handed my self into police when i relised he was going to them.
The guy i had the fight with was found inside his flat when Forensics turned up there were they found a small hammer with a smear of blood on it.
No DNA of mine links me to this in anyway.
also i found today that my interview i gave when arrested the tapes dont work includeing the masters (audio didnt work)
no one saw me enter the flat or saw me leave they say that they saw the bat after id crossed the road but were could i hide it with just a t shirt on.
what would the likely out come of this be?
also i had a stroke in 2011 and have a long term arm injury(torn tendums, tenis elbo and trapped nerve in shoulder) so swinging weapons around is not some thing i can realy do.
sorry about my spelling my brain aint once what it was
Oak
Answers
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From your version of the incident this appears to have been unnecessarily complicated by charging Aggravated Burglary when a charge of Robbery would have been so much easier for the police / prosecution. Agg Burg can get messy when a weapon has been selected from within the 'premises', but your legal reps will explain why.
Aggravated burglary
Victim at home or on the premises.
Violence used or threatened against victim, particularly involving a
weapon
Theft of/damage to property causing a significant degree of loss to the
victim (whether economic, commercial, sentimental or personal value)
Weapon present on entry
2 seperate witnesses say they saw all 3 of us leave the house and that 2
had blood on there heads.
Hammer with blood stain on
dna matches the plantef.
Facts
Nothing stolen or only property of very low value to the victim (whether
economic, commercial, sentimental or personal)
No previous convictions or no relevant/recent convictions
Good character and/or exemplary conduct
was in day light
no witnesses saw us Enter the property
the plantef knew we was coming round
no disguise was used.
no baseball bat was recoverd
no dna of my self on the so called hammer
no fingerprints were found on the hammer only the plantefs
hammer was found in his flat so could belong to the plantef
plantef has been charged with perjury and perverting the course of justice
before and convicted
neather describe my self as i was wearing a light top that had blood on it
and both say they could not identify my self and that i was wearing dark
cloths.
plantef says i was wearing a white top witch contadicts the 2 witness
statements.
i Handed my self into the police as i was ashemed i was drawn into a
fight.
i have medical support showing i have a torn tendum in my right arm and
tennis elbow also a trapped nerve in my neck and im right handed, witnes
statements say i held the bat over my right arm witch would not realy be
possible due to injury also i had a stroke a year before so looking for a fight is not in my healths interest.
the plantef was found on the premesis as forensics turned up.
in the statement of the plantef he suggests he was crawling around the
kitchen but no smears of blood are on the kitchen floor in the pictures.
at the time i had around 400 pounds in my account so stealing 40 pounds
seems silly when i could go to the cash machine (bank statements show this).
in fact i have near a year of bank statements showing i usaly always have at least 100 pounds in my account.
Victim at home or on the premises.
Violence used or threatened against victim, particularly involving a
weapon
Theft of/damage to property causing a significant degree of loss to the
victim (whether economic, commercial, sentimental or personal value)
Weapon present on entry
2 seperate witnesses say they saw all 3 of us leave the house and that 2
had blood on there heads.
Hammer with blood stain on
dna matches the plantef.
Facts
Nothing stolen or only property of very low value to the victim (whether
economic, commercial, sentimental or personal)
No previous convictions or no relevant/recent convictions
Good character and/or exemplary conduct
was in day light
no witnesses saw us Enter the property
the plantef knew we was coming round
no disguise was used.
no baseball bat was recoverd
no dna of my self on the so called hammer
no fingerprints were found on the hammer only the plantefs
hammer was found in his flat so could belong to the plantef
plantef has been charged with perjury and perverting the course of justice
before and convicted
neather describe my self as i was wearing a light top that had blood on it
and both say they could not identify my self and that i was wearing dark
cloths.
plantef says i was wearing a white top witch contadicts the 2 witness
statements.
i Handed my self into the police as i was ashemed i was drawn into a
fight.
i have medical support showing i have a torn tendum in my right arm and
tennis elbow also a trapped nerve in my neck and im right handed, witnes
statements say i held the bat over my right arm witch would not realy be
possible due to injury also i had a stroke a year before so looking for a fight is not in my healths interest.
the plantef was found on the premesis as forensics turned up.
in the statement of the plantef he suggests he was crawling around the
kitchen but no smears of blood are on the kitchen floor in the pictures.
at the time i had around 400 pounds in my account so stealing 40 pounds
seems silly when i could go to the cash machine (bank statements show this).
in fact i have near a year of bank statements showing i usaly always have at least 100 pounds in my account.
im not sure how i edit the person who is the plantef has been known to self injur him self to make it look worse to try and get more time and compensation from a seperate case.
my brief has told me alot but i would like other opinions on this.
also as any one ever heard of a defendants audio tapes being unaudible and i mean all the tapes inc masters? im still unsure if thats good or bad for me as my defence statement is the same as my interview.
my brief has told me alot but i would like other opinions on this.
also as any one ever heard of a defendants audio tapes being unaudible and i mean all the tapes inc masters? im still unsure if thats good or bad for me as my defence statement is the same as my interview.
Hi
You will get to see the evidence to be used in the case against you prior to the trial and therefore see whether there are any issues / disputes regarding what was said or not in interviews. From what you have stated so far, I can not see a major problem with the inaudible recordings (although the Judge may not be amused), and will just have to see how things develop.
You will get to see the evidence to be used in the case against you prior to the trial and therefore see whether there are any issues / disputes regarding what was said or not in interviews. From what you have stated so far, I can not see a major problem with the inaudible recordings (although the Judge may not be amused), and will just have to see how things develop.
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