Gbh With A Crowbar

[Joeb1987]

I had an argument with someone in a pub and we were seperated (me to the beer garden, him to the front of the pub). When I left the pub to get my van he was waiting for me with a crowbar. I never saw him and he knocked me unconscious with it. When I woke up he was in front of me with it and hit me again. I have 19 staples in the top of my head with a deep wound around five inches long and a fractured skull. Cctv showed him leaving the pub and getting a crow bar from his van. What can I expect the outcome of this to be? I've been told it's gbh by the police but that's it. Thank you in advance

[New Judge]

The outcome can be anything from him not being charged (because the case fails the two-part test conducted by the CPS) through him pleading not guilty and being acquitted at trial right up to him being imprisoned for five years (the maximum for GBH). It's rather like asking how long is a piece of string and until you have some more info (such as what, if any charge he is facing and the strength of the evidence against him) it's impossible to provide a decent answer.

[Buenchico]

NJ's summary overlooks the possibility of 'with intent' being added onto a charge of 'GBH', taking it up from 'Section 20' to 'Section 18'. Going to fetch a crowbar, and then waiting for his victim to arrive, would seem to be sufficient evidence for the CPS to seek a 'Section 18' conviction against the offender:
http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#a16

This document explains the three different categories, '1' to '3' (with '1' being the most serious) that apply to both 'Section 18' (pages 3 to 6) and 'Section 20' (pages 7 to 10). The judge has to decide which of those three categories the offence falls into and then pass sentence accordingly (allowing a one third discount for an early guilty plea, where appropriate):
http://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf

My guess would be that the offence would be classified as 'Section18' by the CPS (and subsequently by the court) and then as Category 2 by the judge. That would lead to a sentence of around 6 years imprisonment if the offender was found guilty after a trial or 4 years if he pleaded guilty from the outset.

If the CPS only sought a 'Section 20' conviction (or they sought a 'Section 18' one but the court only found the offender guilty under 'Section 20') it might well be classed as a 'Category 1'offence, leading to imprisonment for 3 years (after a trial) or 2 years (after a guilty plea).

[Peter Pedant]

wow
I hope you are OK
( and drink somewhere else now)

[New Judge]

Yes, 'Chico's answer is much more comprehensive. But there needs to be evidence to support a conviction (on any charge) and you must not discount the possibility of an acquittal.

[EDDIE51]

New Judge is correct but to me it looks like the evidence for S18 is strong. There will be witness statements from the people who separated you to stop the fight and from police,ambulance, hospital.
As well as the CCTV.

[mikey4444]

Hope you are OK Joe....head injuries can be very nasty.

Lets hope this thug gets what coming to him !

Let us know the outcome....we love feedback here on AB!

[Joeb1987]

Thank you all for the speedy responses. I will let you know the outcome. I think it should be quite a strong case against him as we have cctv of everything inside the pub and the car park. The only downside is where he hit me with the crow bar is just out of sight. But I have quite a few witnesses who came out the pub and saw him run back to his van from where I was unconscious and speed off in his van

[mikey4444]

Best of luck then Joe !

[EDDIE51]

If the man is arrested and the police have the crowbar it will have your DNA from your blood on it as well his his DNS from holding it.That is very strong evidence.
Plus the doctors / hospital will give statements that your injuries are consistent with being hit with a crowbar.

[Joeb1987]

If only I could upload photos of the injuries. On the left side of my head behind my ear the bruising is in the shape of the crowbar. the curved shape of it is plain to see.

[EDDIE51]

The hospital will have taken photos of the injury and they can be called as evidence.