Crosswords1 min ago
Will I Be Charged With Gbh Or Get A Lesser Charge?
hi, im a 20 year old girl and ive lived by myself for a while now and when i first moved into my new flat it was on a quiet residential street and my neighbors directly upstairs where very nice and welcoming but as time went on we begun to have minor disputes (problems with my music being to load, them being hostile and harassing me every chance they got, making me feel intimidated by always banging ect) stupid things really! but about a week ago me and my friend was in my house and had abit to much to drink two of my neighbors came downstairs and started shouting about my tv being to load i proceeded to argue back and subsequently slammed my door two days later i was arrested as the young neighbor (17) accused me of slamming the door on her fingers and breaking 4 of them and badly bruising her leg. i got bailed back to the police station but i really dunno what will happen as i didn't get a solicitor so any help would be much appreciated.
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if indeed your neighbour has broken fingers and bruised leg then there may be a case to answer .but it will be your word against theirs if there were no witnesses to the incident..however I concur with the above...no smoke without fire..keep your music and tv down to an acceptable level..and your life there may now be untenable..start looking for somewhere else
Is there any evidence that you actually did break her fingers?
I mean did she have her fingers in plaster , has she been to a doctor or hospital for a diagnosis ?
An honest answer now please ! Did you shut the door on her leg and fingers? Either intentionally or by accident?
To be charged with assault it would have to be proved that you intended to hurt her and not that it was just an accident due to the argument.
I am assuming that you have not actually been charged with anything so far?
When you go back to the police station you should ask to see the duty solicitor, this is free and the solicitor will advise you as to the best way to proceed.
I mean did she have her fingers in plaster , has she been to a doctor or hospital for a diagnosis ?
An honest answer now please ! Did you shut the door on her leg and fingers? Either intentionally or by accident?
To be charged with assault it would have to be proved that you intended to hurt her and not that it was just an accident due to the argument.
I am assuming that you have not actually been charged with anything so far?
When you go back to the police station you should ask to see the duty solicitor, this is free and the solicitor will advise you as to the best way to proceed.
Getting legal advise is good but we get legal eagle types on the forum. For all I know (I don't take notes) those who have already replied may well be.
I'm no expert, but I'd have thought everyone had a duty of care to others though, and I'd be surprised if you could carelessly slam a door onto someone and not be liable in some way.
I'm no expert, but I'd have thought everyone had a duty of care to others though, and I'd be surprised if you could carelessly slam a door onto someone and not be liable in some way.
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From the CPS website:
"Grievous bodily harm means really serious bodily harm. It is for the jury to decide whether the harm is really serious. However, examples of what would usually amount to really serious harm include:
injury resulting in permanent disability, loss of sensory function or visible disfigurement;
broken or displaced limbs or bones, including fractured skull, compound fractures, broken cheek bone, jaw, ribs, etc;
injuries which cause substantial loss of blood, usually necessitating a transfusion or result in lengthy treatment or incapacity;
serious psychiatric injury. As with assault occasioning actual bodily harm, appropriate expert evidence is essential to prove the injury"
A single broken finger (with a clean break, rather than a compound fracture) would almost certainly fall under 'ABH', rather than 'GBH'. It would up to the CPS (initially, and then a court eventually) to decide whether 'GBH' would be relevant where several fingers were involved. From cases I've seen reported in the press though, I'd still think that 'ABH' would be the most likely charge.
"Grievous bodily harm means really serious bodily harm. It is for the jury to decide whether the harm is really serious. However, examples of what would usually amount to really serious harm include:
injury resulting in permanent disability, loss of sensory function or visible disfigurement;
broken or displaced limbs or bones, including fractured skull, compound fractures, broken cheek bone, jaw, ribs, etc;
injuries which cause substantial loss of blood, usually necessitating a transfusion or result in lengthy treatment or incapacity;
serious psychiatric injury. As with assault occasioning actual bodily harm, appropriate expert evidence is essential to prove the injury"
A single broken finger (with a clean break, rather than a compound fracture) would almost certainly fall under 'ABH', rather than 'GBH'. It would up to the CPS (initially, and then a court eventually) to decide whether 'GBH' would be relevant where several fingers were involved. From cases I've seen reported in the press though, I'd still think that 'ABH' would be the most likely charge.
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