Charged With Gbh Without Intent

[Smithking365]

Recently my mate was involved in a fight and we were wondering what he may be looking at getting for what has happened, and any advice. Many people have said that there's a chance of getting away with self defence, although it would have to be pre-emptive as he was the only one to throw a punch.

Series of events:
>In a club my mate got pushed and pushed the guy back
>Both were to get kicked out, however my mate just walked off as he didn't think he had done anything wrong
>10 or more minutes later, the bouncer came up to my friend and escorted him out
-upon being kicked out one of the bouncer threw him on the floor for "getting In his face"
> he then proceeded to record the events from this point on as the bouncers had been threatening and the guy who got kicked out with him was waiting around the corner for him
> tried to reason with the bouncers to get in - failed
> eventually me and another friend came out to take him home and we told the guys across the road to just go away, and leave it at that
> it got heated as we were walking there way (our way home)
> they were saying that my mate started on them, he was saying the other way around
> there was talk of people getting knocked out, then the guy stepped toward my mate and said "what you're going to knock me out!?"
>to which he replied with a punch
-this resulted in a broken jaw

I was wondering if it looks like he has any case here, obviously this doesn't do the incident justice, but in my opinion the other guy was being very aggressive
Also it is kind of weird as we haven't be called to give statements?

Other than that I would appreciate honest and proper answers, this is affecting my friend really badly at the moment

Final thing, he has been in trouble for criminal damage, but this was just a mistake with a fine

Thank you for your answeres

[Buenchico]

I can't see citing 'self-defence' as the reason for throwing the punch would carry any weight in court. If someone has you trapped in a corner and appears intent on attacking you then it would would be reasonable to throw a punch in order to try to escape but there seems to have been nothing preventing your friend from simply seeking to flee from the situation, so he wasn't lawfully entitled to throw a punch.

See here for the view of the CPS regarding self-defence:
http://www.cps.gov.uk/legal/s_to_u/self_defence/

Your friend's best chance of avoiding a custodial sentence would be if his solicitor/barrister could get the charge dropped to Section 20 (GBH) rather than Section 18 (GBH with intent). Indeed, unless there's clear evidence that he made prior threats, I can't see how a Section 18 charge could be sustained against him. See here:
http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#a16

If your friend is convicted under Section 18 the 'starting point' sentence (for a 'Category 3' offence, which would seem to apply here) is 4 years imprisonment (with the judge being unable to pass a non-custodial sentence other than in extremely unusual circumstances).

If your friend is convicted under Section 20 the 'starting point' sentence is a 'high level' Community Order and (although a custodial sentence is still a possibility), imprisonment would seem to be unlikely.

See here:
http://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf

[bednobs]

he says without in the title

[Buenchico]

Thanks, Bednobs.

I really must learn to read posts thoroughly before posting. (I simply saw the word 'intent' and assumed that it was 'with intent' as there's no actual charge of 'GBH without intent'; it's simply GBH).

Obviously some of my post won't apply then but the basic parts remain the same. i.e.:
1. 'Self defence' won't stand up in court ; and
2. It's likely to be 'Category 3' offence, meaning that a Community Order is the most likely outcome.

Sorry for the confusion, SK365!

[Smithking365]

Cheers for the help mate, im sure that will take a load off his mind, and it seems to go alongside what we thought of up till now.
I appreciate you taking the time to answer that aswell