Quizzes & Puzzles73 mins ago
ABH, no record,glass involved,jail?
Hi all - I am a 34 yr old married man with no record and 2 young children (3+7).
Last August I was out with friends and family celebrating the birth of my brothers(policeman) new baby.Most of night was spent in a local social club playing skittles but we decided to spend last hour in local pub where the problem was.
My brother was talking to this girl - mainly about his new baby and over walked a bouncer who turns out to be girls boyfriend - suddenly she changes her friendly attitude and accuses my other brother of pinching her bottom.What resulted was a dispute between the bouncer and my policeman brother who did nothing but hold his hands up in a defensive way.I walked over towards the incident and found myself throwing 2 or 3 punches - scared for my 2 younger brothers welfare and that of my own.It all lasted 20secs and CCTV has shown the bouncer threw 1st punch.I spent nite in cells on my own because I had a glass in my hand at the time and it smashed on his head - I was only aware of this when my own mate said"you had a glass mate". I was finally charge this Feb with ABH after originally being charged with wounding with intent.He had 2 small cuts which required glueing.
My solicitor advised against pleading guilty at magistrates as I would lose all credit and the magistrates may well just give me 6 mths without any knoweldge of full facts.It know goes to Crown Court.
I may well plead guilty but have to insist the bouncer was well out of order and was just looking to make trouble that night.My younger doesnt agree or deny pinching the girls bottom but doesnt remember her making and fuss at time if he did.
My brother has siad no jail but he is my brother and I need some inpartial advise?Anyone with some views / advise would be welcome.
Last August I was out with friends and family celebrating the birth of my brothers(policeman) new baby.Most of night was spent in a local social club playing skittles but we decided to spend last hour in local pub where the problem was.
My brother was talking to this girl - mainly about his new baby and over walked a bouncer who turns out to be girls boyfriend - suddenly she changes her friendly attitude and accuses my other brother of pinching her bottom.What resulted was a dispute between the bouncer and my policeman brother who did nothing but hold his hands up in a defensive way.I walked over towards the incident and found myself throwing 2 or 3 punches - scared for my 2 younger brothers welfare and that of my own.It all lasted 20secs and CCTV has shown the bouncer threw 1st punch.I spent nite in cells on my own because I had a glass in my hand at the time and it smashed on his head - I was only aware of this when my own mate said"you had a glass mate". I was finally charge this Feb with ABH after originally being charged with wounding with intent.He had 2 small cuts which required glueing.
My solicitor advised against pleading guilty at magistrates as I would lose all credit and the magistrates may well just give me 6 mths without any knoweldge of full facts.It know goes to Crown Court.
I may well plead guilty but have to insist the bouncer was well out of order and was just looking to make trouble that night.My younger doesnt agree or deny pinching the girls bottom but doesnt remember her making and fuss at time if he did.
My brother has siad no jail but he is my brother and I need some inpartial advise?Anyone with some views / advise would be welcome.
Answers
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Yes you are now stuck with the matter being heard at the Crown Court.
The fact that the prosecutor suggested that it should be heard there indicates that the CPS considered it was too serious for the magistrates to deal with. Although the decision is the magistrates, they usually listen to the CPS quite attentively when hearing thje information which leads to their decision.
The next hearing before the magistrates is probably the "committal" hearing where you will be formally committed to the crown Court. If the prosecution papers are not ready by that date you can ask for the case to be thrown out. Again this is a decision for the magistrates. They have to decide whether the prosecution has made every effort to be ready for this process by the due date or whether to allow them a bit more time.
The fact that the prosecutor suggested that it should be heard there indicates that the CPS considered it was too serious for the magistrates to deal with. Although the decision is the magistrates, they usually listen to the CPS quite attentively when hearing thje information which leads to their decision.
The next hearing before the magistrates is probably the "committal" hearing where you will be formally committed to the crown Court. If the prosecution papers are not ready by that date you can ask for the case to be thrown out. Again this is a decision for the magistrates. They have to decide whether the prosecution has made every effort to be ready for this process by the due date or whether to allow them a bit more time.
Thanks for info Judge and Beun. I am to be honest starting to think jail and anything else is good but what I am sure about is a guilty plea is my best bet - at the end of day the CCTV shows what happened and nothing else matters.Okay it wasnt pre-meditated but I did it - whether it was alcohol impairing my judgment or my instinct to protect family doesnt really matter - peronally I would blame both.I have to just be positive as possible for me and my family and get on with things otherwise its gonna drive me mental before I even get to sentencing.
Many thanks again
Many thanks again
Yes Sara - you are correct - I know I am guilty but at the end of the day my solicitor has shown me so many holes in the CPS actions I think he is confident of sucsses of finding me not guilty - however - I dont really want to put my family in particular through full trial etc.Some examples of prosectution issues:
1. Didnt manage to get hold of bouncer for a week after assault.Interviewed a week later.
2. Didnt interview my younger brother for 2 months after incident (he took first punch and threw first punch from my side of things).My other brother (policeman) was interviewed next day - he didnt throw a puch or even push anyone.
3. I was bailed initially until Oct 2nd - this was cancelled and I was finally asked to return and answer bail in Feb.
I know these arent major issues but all things that my solicitor have picked up on and to be honest has described the prosecution from Police to CPS as a bit of a shambles
1. Didnt manage to get hold of bouncer for a week after assault.Interviewed a week later.
2. Didnt interview my younger brother for 2 months after incident (he took first punch and threw first punch from my side of things).My other brother (policeman) was interviewed next day - he didnt throw a puch or even push anyone.
3. I was bailed initially until Oct 2nd - this was cancelled and I was finally asked to return and answer bail in Feb.
I know these arent major issues but all things that my solicitor have picked up on and to be honest has described the prosecution from Police to CPS as a bit of a shambles
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My thoughts exactly mate...my brother has been charged with GBH s20, and he was advised to enter a no plea in magistrates (March 12th), because the police WOULD NOT show his solicitor the CCTV, what's that all about!! He then had to go back to magistrates two months later and the police finally let his solicitor see the tape the day before!! He now has to wait another two months, to go and give his plea at Crown Court!! The whole thing is a joke and takes far too long....also why don't the police let people see these tapes...he didn't do what he was accused off by the way, and I can only imagine they do this in order to put doubt in peoples minds!!
Yes Blue - you are correct.I am not saying I didnt do it so I cant imagaine how frustrating the system must be for someone who is genuinly innocent.I have been lucky by the sounds of it - only a month to wait until my plea. I have been advised however that even if I plea guilty there may well be another wait (weeks , months) until sentencing.Unbelievable!
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