Gbh Charge

[Hlwman]

I went out the other day/night for mates birthday. We began drinking about 10 in the morning bearing in mind I drink about 3 times a year. From approximately 3pm I think I blacked out and came around whilst being chased down a road. I knocked on someone's door and they called the police. However the police were already looking for me and subsequently arrested me for affray. However in the morning I was rearrested for Gbh and two counts of assault because the man ended up with a broken collarbone. I've known been bailed. They have the two counts of assault on cctv but not the Gbh. Do you think I'll be going to prison. It's my first offence, I've never been in trouble with the police and a good member of society just made a big mistake which I whole heartly regret.

[Buenchico]

Assuming that it's a 'Section 20' charge (i.e. that 'with intent', making it 'Section 18', isn't included in the wording), see pages 7 to 10 here:
https://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf

You'll probably avoid prison if the offence is classed as 'Category 3' but not if it's a higher category.

[Baldric]

///I blacked out and came around whilst being chased down a road///

Sleep fleeing eh?

[Hlwman]

I mean as I don't remember doing any of it. One of the reasons as to why I don't drink.

[Hlwman]

Cheers for that buenchico

[Hlwman]

Does a broken collar bone constitute a serious injury?

[Buenchico]

It's serious enough for the charge to be 'GBH', rather than 'ABH'. Here's the guidance that the Crown Prosecution Service issues to its staff:
http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#a15

However it's probably not serious enough to raise the category upon which sentencing would be based (as per my previous link), as it's at the lower end of the scale of injuries which judges deal with in GBH cases.

[EDDIE51]

^^ Chris there are two posts on this here is the other one
http://www.theanswerbank.co.uk/Law/Criminal/Question1496094.html
In that one he says he is facing 4 charges , assault x2, GBH and Affray.
That makes it look more like a jail term to me?

[Hlwman]

Sorry Eddie it's 3 charges, 1 gbh, 2 common assaults, because the affray charge was upped for Gbh once they discovered his broken collarbone

[Hlwman]

Sorry Eddie it's 3 charges, 1 gbh, 2 common assaults, because the affray charge was upped for Gbh once they discovered his broken collarbone

[EDDIE51]

Ok thanks for that, still a possibility of jail though. You REALLY need to talk to a solicitor.

[Hlwman]

Okay cheers. After the interview though I was assured by the police I wouldn't be going to jail though