Gbh Question

[bigxron]

if somebody punches and kicks a friend in a park...one witness who is a close friend of the victim said they saw the punch not the kick

the victim has bruises

there was a fourth person (ex bf) there who earlier argued and was angry at the victim

can the defendant shift the blame on the fourth person and say they did it

the victim has been to jail 26 times for various violence

what will the jury think and what would happen to the defendant

[bigxron]

the only evidence is the bruises and the witness

[EDDIE51]

GBH is a serious charge. When it come to court all the witnesses will be cross examined under oath. The prosecution will cross examine each witness independently of the others. They are NOT stupid !they have seen all this and much more on a daily basis. They will check the exact details of each witnesses story against the other versions. If there are differences ( and if the witnesses are telling lies or half truths there WILL be differences)they will be found out!
It is totally impossible to say what the jury will think but they will hear every bit of evidence and see how the witnesses react under cross examination. The Jury will NOT know about any previous history of convictions that the defendant has. That will ONLY be taken into account when the Judge decides on the sentence. If he is found guilty then with 26 previous jail terms he will be getting another one !.

[bigxron]

the victim has 26 convictions

the defendant has none

[EDDIE51]

Ok sorry , but ONLY the facts of the current case can be presented to the court. The victims previous convictions can only be mentioned if it is considered essential to the case.(unlikely to happen)
With no previous convictions the chance of the defendant going to jail is a lot less.
As said the jury will hear and see every witness being cross examined and will make up their own minds as to guilty or innocence. It is impossible to say how they will think about the case.

[EDDIE51]

Thinking about this, if the defense was that the victim had been violent towards the offender then that would be reason to disclose the victims history of violent crime.

[bigxron]

so everything depends on the jury.....so if the defendant claims they didnt do it and suggests the other guy (ex bf) must have done it since he was the only one still there...and he comes off confident and calm

but the statement of the victims friend said they only saw the last part....(not explaining the first bruise)

the stories also dont match because the victim claimed the defendant was asked to leave and refused....

what would u think?

[bigxron]

the defendant mentioned that they were being aggressive towards each other (victim and ex bf) the victim also confirmed that the ex bf was already unhappy and aggressive from the defendant being present

if u were the jury

what would u think ?

[EDDIE51]

Without actually being in court and seeing and hearing the defendant , victim and witnesses give evidence I can't begin to say how I would think.
As you said it is ALL down to the Jury and how the prosecution and defense lawyers present their case. As you say the stories do not match! the jury WILL realize that and draw their own conclusions.

[EDDIE51]

Another point , you say the victim has bruises. For a GBH charge there will need to be a lot more than just bruises . GBH means really serious harm, it is only one step down from attempted murder!
Bruises is more like ABH or common assault .

[bigxron]

yea i think it is abh i got em confused

im scared for my friend...the jury might not believe him

[EDDIE51]

All he can do is tell the truth. For this offence a jail term is hardly even a possibility.

[bigxron]

he doesnt want any criminal convictions tho...he wants to get a not guilty

[New Judge]

GBH (without intent) can be tried in either the Magistrates’ Court or the Crown Court. If tried in the Magistrates’ Court a case such as this is likely to last at least a day, possibly longer. In the Crown Court it would probably stretch to 2 or 3 days. You have provided 2 or 3 paragraphs of very brief details, really only an outline of the allegation. Nobody on here could forecast the likely verdict given by a bench of Magistrates or a jury with so few details. As Eddie has said, each witnesses’ evidence will be meticulously examined by each side and presented to the court. The outline you have provided is simply insufficient for an informed answer to be given.

As Eddie has said, in view of the alleged victim's lengthy record for violent offences the defence may apply to introduce what is known as “Bad Character” evidence. This is to put to the court details of his offences to enable the court to draw conclusions as to his nature. This may then be taken into account when considering the credibility of his evidence. The judge or Magistrates have to agree to this evidence being introduced before it can be put before the court.

[bigxron]

its going to the crown court...and its abh

u couldnt even give me an idea of what could happen if the defendant pleads not guilty again?

they already went to the magistrates...the judge was confused about how the victim got the bruises if the witness claims they only saw the last strike

so they sent it to a crown court

[New Judge]

If it is ABH there is every likelihood the matter will be heard in the Magistrates’ Court, unless your friend has exercised his right to a Crown Court trial. No jury is involved in a trial in the Magistrates’ Court.

[bigxron]

the judge was told by the witness there were threats to kill and my friend kicked the victim so he sent it to a crown court

[EDDIE51]

Obviously he wants to get 'not guilty' but you say there is evidence that he did hit the other man.
My advice would be to plead guilty and accept what the court decides.
There is an automatic 1/3rd reduction of the sentence for a guilty plea. So for a first offence there is almost no chance of a jail term for this offence.
If however he decided to plead not guilty and go to trial from what you say it is a very high chance he will be found guilty anyway. In this case there is no reduction of sentence and any fine will be a lot higher as he will have to pay the costs of the trial as well.

[bigxron]

there is only evidence of many bruises and a witness who said they saw only one kick

no other evidence

the lawyer said its still word against word

what are the high chances...if there was another guy (ex bf) who was there...the victim and defendant both confirm he was aggressive

wont the jury look at the ex bf as a possible source of bruises if the defendant suggests so?

[EDDIE51]

If he pleads not guilty again then it goes to trial , and as we have told you all witnesses will be called to give evidence and cross examined under oath.
The jury will hear the evidence and decide 'guilty or not guilty'. If 'guilty' the judge will decide on the sentence. We can tell you no more, every trial is different. As I said , from what you have told us your friend is guilty, so I still advice him to plead guilty.

[EDDIE51]

The evidence of the bruises and the witness statement is plenty of evidence to convict him. What evidence can he provide to prove he is 'not guilty' !!
The ex boy friend is not on trial your friend is. We need to know what grounds your friend has to support a 'not guilty' plea.
If he was feeling threatened by the 'violent victim' that is a mitigating circumstance NOT evidence he did not do it !