i have been arrested and bailed for gbh/wounding without intent - section 20....looking for some advice.

[holbrook99]

i was arrested today and bailed for gbh/wounding without intent - section 20.....

i head butted an oposing player during a football match, and he was knocked unconcious, he fell and fractured his shoulder....i reacted because the player in question punched one of my players in the face for no reason.

I have no previous convictions, a good job, and 2 children, a partner and a mortgage.

I am EXTREMELY worried about the possibility of going to prison, as i couldnt handle being away from my children for any length of time....

Based on what i have written above, any advice would be very gratefully recieved.

Thanks
Paul

[Buenchico]

Firstly, the offence seems to be 'borderline' between 'ABH' and 'GBH'. See paragraphs 45 to 57 here:
http://www.cps.gov.uk...he_person/#P189_14382

So that means that (even if the CPs can get 'GBH' to stick) the lowest end of the sentencing range would appear to be appropriate. See page 15 here:
http://www.sentencing...inst-the%20person.pdf
The sentences in that table refer to first-time offenders convicted after a trial. An early guilty plea can see a reduction in the sentence by one third. So that takes the 'starting point' (from which judges must normally work) down from 24 weeks to 16 weeks. Since the actual time spent in prison is only half of the nominal sentence, that would only mean 8 weeks away from your family.

However our prisons are overcrowded and courts normally try to keep people out of prison wherever possible. A community order is by far the most likely sentence in your case.

Chris

[holbrook99]

because i thought "just be honest, explain what happened, and everything will be ok"...in hindsight i probably should have, but i was worried that asking for a solictor makes me sound really guilty.

[holbrook99]

i just thought "be honest, and everything will be ok"...maybe in hindsight that was wrong, but i also thought if i start demanding a solicitor ill look really guilty....

[yogi-bear]

As Chris says, Paul, going by what you described, it's more likely that you may get a community service order and/or a fine too.......heed the advice and try and get some representation for yourself.
It was a silly thing to do, but there's no point in dwelling onit....i used to play football in my younger days and know the impulses you sometimes get in these circumstances.....usually it was just a bit of "handbags", with a drink afterwards to smooth it over, if excepted.
You certainly wont do it again, will you?

I wish you luck, mate, get this behind you, and look after yourself and your family in future.

yogi

[holbrook99]

Will definatley never do something like this again, this was the first and last time!!!...ill make some phone calls today to try and sort some free legal advice and see where that gets me, thanks very much for all the help thus far, its very much appreciated.

[zzxxee]

i wish you luck mate let us know how it goes x

[dh001]

Hi holbrook

"..also dont know if its relevant but its CID dealing with the case and he said something about it going to cps?..". Its probably better that CID are dealing (although I am surprised they are dealing with a straight forward Sec 20) as the CID will probably spend more time investigating the full and relevant facts as opposed to some poor PC who will have far too many commitements etc . As you have admitted criminal assault the police will present the facts to the CPS (Crown Prosecution Service) who will decide on whether to prosecute you, and if so, the correct offence to charge you with.

Also,

Were any juveniles present watching the game? (aggravating feature)

Has your team player made a complaint of assault against your accused? (will help mitigate any sentencing).

[holbrook99]

no minors in attendance no....my player that was punched did not report it to the police no, because its just not something that is done, after "argy-bargy" on a football pitch.

The police have his name though from my interview so they said they may contact him for a statement?

[dh001]

If the assault on your team player was the motive for you assaulting the complainant then a witness statement from him would help (although its not a defence), but it certainly needs a mention for mitigation should the matter go to court. (you need to evidence that this was not an unprovoked attack).

However, can you just confirm a previous statement when you said the other guy threw the first punch. Are you saying he tried to punch you so you headbutted him? (or have I misread).

[Justincider]

You're a typical thug, "I only did it because...." You deserve prison pal and plenty of it!

[ummmm]

^^Usually said by people who haven't got any bottle.

[Justincider]

Are you suggesting i'm a coward because i don't think head butting someone is ok?

[ummmm]

No....I think you're an idiot for posting that post. holbrook is not the only person who would defend a friend. I certainly would and I'd expect my friends to do the same for me.

[Justincider]

He wasn't defending him, the guy had already been hit.

[ummmm]

And his 'mate' reacted. Doesn't make him a thug....

[DEN53]

I am guessing justincider you have not been too many football games....

[Justincider]

He reacted with a head butt, why not a punch? head butting is not the trademark of a man not used to violence is it? The level of violence dished out in revenge was totally over the top.

[ummmm]

You would have had to be there to make a judgement like that. If the bloke was to close to him he wouldn't have been able to punch him.

[Justincider]

Fair point yes. But maybe he should have just let the authorities deal with it. i mean he wasn't threatened was he? All he did was make things worse for himself.

[daftgrandad]

holbrook99.In the majority of your replies,you refer to "my" player/s,rather than "our".
Does this mean you are captain,player-coach or manager ?