Gbh with intent

[don4]

my brother got into an arguement at work and after a heated exchange a fight broke out. being considerably smaller than the other bloke (my brother being just 18) anyway, my brother got punched and was falling to the ground. as he fell back he swung his arm out (due to wokring on a building site he already had a hammer in his hand) obvioulsy by swinging his arm out he has hit the other bloke on the head with the hammer. whilst on the floor the other bloke got his mates to hold my brother down while he proceeded to kick my brother in the head. my brother was arrested and granted bail and his return to the police station was put back as the CPS couldnt decide whether to charge MY BROTHER with abh or gbh. However after returning to the police station yesterday we were absolutely devasted to find out he has actually been charged with gbh with intent. bearing in mind my brother has no history of violence, not even a playground scuffle, is that taken into account? Or as i petrified about is he facing a prison sentance?

[fountain]

If convicted, he is almost certainly facing a prison sentence. However, the circumstances you describe make him not guilty. Presumably he was seen by a police doctor upon arrest, and all his injuries were recorded?
Your brother having no previous is only a factor if he were to be convicted.
Where are all the witnesses backing up his account?
Was the other guy arrested? What are his injuries?
Like I say, the above account makes him not guilty, as he hit the other guy by accident.

[joko]

i understand what you say, but he had a hammer in his hand, the other guy got hit with it - no matter how you say it happened, any jury will just think its him trying to twist events to get out of it - sorry but thats how it sounds.

besides, a forensics and accident investigtaor etc will be able to tell the nature of the other guys wound and be able to assess if this was a deliberate smack or a side swipe, so if he's telling the truth he should be fine - though he is still accountable for the accident...

[DuracellB]

Section 3 of the Criminal Law Act states that a person is allowed to defend themselves but only to the extent that is 'resonable and can be justified.' ie if youre brother feared for his safety or that of another can his actons be justifed?!?!

[ummmm]

In reality your brother will not go to prison. I know someone who kicked and jumped on a mans head breaking six bones in his face and shattering his nose.

He got a fine!!!!!!!!!!

And yes, his history is taken into account

[don4]

my brother is now waiting for a date for crown court - the other boy had a 2 CENTIMETRE cut to his head that didnt even need stiches just glueing! the others boys statement contradicts what a witness has wrotw in his statement.. yet still being tried with gbh with intent. my brothers solicitor reckons it is the most ridiculous case he has ever had to deal with