GBH?

[Liza29]

My brother was out last night and got his nose shattered by a thug (as the police described him). His face is a while shape altogether. Nose is curved over to the left, black eyes so swollen that he can barely see out and a swollen lip. He was knocked unconscious and is not sure if he got kicked in the face (the police think he was as his face is that bad). The police advised that it is GBH. They have since interviewed the thug and he told the police it was self defence even though he was on a curfew at the time. As you can imagine i am very angry, if you seen his face you would be angry as well. He cant eat and has to use a straw to drink. What is most likely to happen now?

[slinkycat]

probably nothing liza, I'm sorry to say, a while back me and my husband were walking home from a night out and we challenged a guy who was vandalising the phone box near our house.
Upshot was, my husband ended up with a broken nose, gave a statement. they arrested the guy on other charges, but nothing was really done, makes you so mad!

[dizmouk2009]

If the other person can't prove self defense and has absolutely no physical wounds to corroborate his statement that it was sell defense then GBH might stick. The fact that they have the attacker and that he has admitted attacking you is a good start to getting a conviction. I assume that he was hit more than once - that isn't self defence. Even more so the police feel that he was kicked, which would mean he was kicked whilst he was on the floor? Fingers crossed Liza!

[Liza29]

Thanks for ur answers. I am so annoyed angry and hurt that someone can just do that and walk away. My brother is not a fighter and this is the first time he has ever been in a fight. I wish there was something i could do. I wonder how long it will take before there will be anything done?

[dizmouk2009]

It could take weeks or even months... You can't put a timescale on this sort of thing. I understand how angry and upset you, thugs like your brothers attacker should have the same done to them - only far worse!

[Liza29]

i know, jail if he even gets it will be far too good for him

[IggyB]

if he has admitted the assault I would imagine that the CPS would take the conviction to court and then allow him to try and claim self defence as a mitigating factor there, though as mentioned the severity of the attack would seem to have gone beyond simply defending yourself. As he was on a curfew the defence may be able to demonstrate "bad character" from his previous behaviour.

As said this could take months and months - the police are probably doing there best to investigate but just double check that photographs are taken of the injuries (by police or doctors not just yourself - though I would have some just in case); a doctors statement is provided describing the injuries (they may be better placed to try and judge weapons used or feet etc); a statement is taken from the ambulance crew that attended or a copy of their Patient Clinical Record is available to the police; and that any witnesses have been identified - the police can request the phone details of anyone that called either the ambulance or themselves reporting this incident so may well be able to track down other witnesses that way (listening back to the recordings requesting police / ambulance often helps with further info as well)

Hope this helps - good luck

[sumo19]

Depends on the evidence.

There needs to proof that this guy did this.. If there are no witnesses, or none willing to come forward and no CCTV, then there will be little chance of a conviction.

The police will now be trying to gather evidence.

Asssuming chares are brought, he will be tryed for the offence, the police say GBH.

If conviction of this, (with intent or without?) he would be give any sentence the judge seems fit, it is unlimited.

[Liza29]

Thanks for your answers. He is away today to get photos taken by the police, he i sgoing to see the doctor tomorrow. His face looks even worse today than it did yesterday. His left eye is completely swollen and closed and the right eye is going the same. I just hope that there will be justice over this

[dh001]

Hi Liza29. Are you certain the police said GBH as opposed to ABH?.

[Liza29]

The police def said gbh