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fighting police Charges
Hi all, right bit long this, started off with my cousin been jumped by 5 lads he was stabbed in the back with a bottle stamped on so hard he had a testicle removed his retinas detached broken jaw now has false teeth and contracted meningitis whilst in hospital police took a footprint from his forehead, this was a year ago and he is making good recovery. the lads that did this were arrested footprint matched up yet unbelievably the case has been dropped due to lack of evidence they now go around boasting. whilst on my works leaving doo i got very drunk and recently saw one of the lads im not proud of this but i walked over to him and hit him once breaking his jaw in 2 places, that was it i then left. i was arrested 3 days later spent a night in custody. Im now in limber as to whats going on i keep going back to answer bail there is witnesses to what i did which is totally out of character for me. Does anyone know what sort of punishment i am looking at i am a retained firefighter also have a full time jo that ive been in for 11 years house wife kids, I have since heard the lad i hit has ben in court recently for GBH would this make a difference for me ??? any help would be much appreciated oh and this is obviously a first offence for me
Si
Si
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(2-part post):
The Crown Prosecution Service have 'charging standards' which indicate the appropriate charge for different levels of assault. The bad news, from your point of view, is that a compound fracture of the jaw takes an assault into the category of 'grievous bodily harm':
http://cps.gov.uk/legal/section5/chapter_c.htm l
When considering sentencing, courts have guidelines which provide them with a 'starting point' to work from. They then take relevant factors into account, to see whether there is justification for being more lenient or going beyond the guideline sentence.
The 'starting point' for a GBH offence will always be a custodial sentence but, in your case, a good barrister might well be able to convince a court that there is no need for you to go to prison.
The Crown Prosecution Service have 'charging standards' which indicate the appropriate charge for different levels of assault. The bad news, from your point of view, is that a compound fracture of the jaw takes an assault into the category of 'grievous bodily harm':
http://cps.gov.uk/legal/section5/chapter_c.htm l
When considering sentencing, courts have guidelines which provide them with a 'starting point' to work from. They then take relevant factors into account, to see whether there is justification for being more lenient or going beyond the guideline sentence.
The 'starting point' for a GBH offence will always be a custodial sentence but, in your case, a good barrister might well be able to convince a court that there is no need for you to go to prison.
There are some 'grey areas' regarding the factors which a court might be prepared to take into account. For example, 'provocation' could work in your favour but this can normally only be used when the provocation occurred immediately prior to the offence. However, a skilful barrister might well be able to convince the court that you had a well-founded belief that the victim was guilty of a serious assault on a member of your family and that the court should take this into account.
The fact that the victim has recently appeared before a court, charged with GBH, is unlikely to me of much use to you. While 'evidence of bad character' can sometimes help, I would think that this would only really help if there had been provocation immediately prior to the offence.
One mitigating circumstance which the courts take into account is that of a single blow. Most judges are usually looking for ways to keep first offenders out of prison (particularly when they may well have some sympathy with the defendant's actions) and your barrister would probably go out of his way to remind the court that you only struck one blow.
In view of the mitigating circumstances, I think that there's a much better than 50% chance that a good barrister should be able to persuade a court that a community punishment would be appropriate in your case but you'd still be wise to pack a bag (with things like a radio, books, writing paper, stamps, etc) when you go to court, just in case the worst happens.
Chris
The fact that the victim has recently appeared before a court, charged with GBH, is unlikely to me of much use to you. While 'evidence of bad character' can sometimes help, I would think that this would only really help if there had been provocation immediately prior to the offence.
One mitigating circumstance which the courts take into account is that of a single blow. Most judges are usually looking for ways to keep first offenders out of prison (particularly when they may well have some sympathy with the defendant's actions) and your barrister would probably go out of his way to remind the court that you only struck one blow.
In view of the mitigating circumstances, I think that there's a much better than 50% chance that a good barrister should be able to persuade a court that a community punishment would be appropriate in your case but you'd still be wise to pack a bag (with things like a radio, books, writing paper, stamps, etc) when you go to court, just in case the worst happens.
Chris
Taking into account everything you have said, it does sound very serious. The defence could argue the level of intent when you actually attacked this person. Did you intend to cause serious injury. If the the intent was not there i.e. you did not want to cause serious injury, then the offence could become a section 20 wounding. Still very serious. The likelihood is that the prosecution and defence will plea bargain, (though they say they never do). You could find yourself with a suspended sentence. Your previous good character and honesty should carry you through. Good luck
My opinion is you did the right thing except for the fact you were seen doing it , you should have got him on his own and took the freak down from behind in the same way they got your poor cousin. You will be lucky to get away with it but best of luck any way. And by the way its not a cowards way to jump a tw@t like that, he sound like the kind of pr1ck that needs mates with him and deseved nothing less than he got, I hope his broken jaw gets infected..LOL !!!
Thanks for all the replies, today i had to drive an hour to medway for a whole 20 min video id i had to have pic taken front left and right profiles i was then put onto computer and had 20 other peoples profiles printed off i then had to choose 8 from the lot that resemble me for the witnesses to choose from, these 8 dont resemble me at all but apparently they are the closest match to me will keep you updated on the results wednesday
Si
Si
Quick update have done my ID Video of the 3 witnesses only 2 turned up hiim and his best mate, the girlfriend didnt so i am hoping that this will be in favour of me surely police cant just go on the injured person and his BEST mate as witnesses its obvious that there gonna come up with the same stories !!
Si
Si
Its truley a crazy world !! I had severe harrassment from my neighours for years. Got a new fella and the neighbour punched hell out of him. Then pressed charges on my B/F because the guy broke his finger whilst hitting my B/F!! All thier mates have made ficticious statements and the only true, SOBER witness wont make a statement because she too afraid they will harrass her. !! Where the hell do we stand. Its tearing me apart that there appears to be very little real justice.
Thanks LittleMiss - you can get legal aid which is prob worth giving a go even just for advice, i would imagine the CPS will take 1 look at the case and throw it out fingers crossed aye !! My case is still going on i have been bailed untill next saturday so will come back and give an update then good luck with yours
Si
Si
Hi all, not sure if anyone was following this, I was sentenced last week !! 18 months after the incident. I was sentenced to 36weeks custody which was suspended for 18 months, 100 hours unpaid work and �1250 compensation to pay. I can accept the sentence as I needed to be punished for what I did but to pay him that too !! Anyway at least im not inside which is good.
Si
Si
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