my son has been charged for gbh section 20 for accidentaly flicking a ciggerete into someone eye what will happen

[rachida]

he was at a party when this happened he assures me that it was a freak accident he says there are wittnesses who will testify and say that it was an accident he had to spend four hours in a cell and is currently out on bail. this is his first offence and my son is not a harmful person he is not violent at all if when he goes back in 6 weeks for his bail hearing and get charged with gbh he will then have to appear before a magistrates court. what should i do.

[andy-hughes]

As a first step, go to your local police station and explain the circumstances and ask for some advice.

They will probably tell you that it will not proceed to court, but if they think it might, you should contact a solicitor, again for some advice, and take it from there.

From what you say, it appears this was a simple accident, and if witnesses will agree, he should have nothing to worry about.

[rachida]

but the victim is saying that my son did it on purpose and because they both go to the same boarding school they arent letting my son go back he is suspended until his bail hearing which is in six weeks and as my son is in year 13 every lesson is extremely crucial

[clickityclick]

what was the injuries caused? must be alot for that charge, my partner was assaulted resulting in a broken nose and a ripped lip needing 7 stiches, and the lad was charged with GBH section 20, we have just came through the crown court after 14 months! the magistrates court passed it over they said it was too high a charge for them to deal with, unless a guilty plea was entered first.

[emmie]

How old is your son, year 13 not sure what that is in terms of one's age
wouldn't he be tried as a Juvenile?

[BrainsTracy]

just plead "not Guilty" - they have to prove it was not an accident. Can't see how it's GBH anyway!

[factor-fiction]

em10- Year 13 is 'upper sixth' so he will be 17/18

[exdc]

Hi rachida

In my opinion, these type of cases are pretty complex for both the prosecution and defence and therefore your son would need legal representation if charged with a Sec 20 assault. Can you confirm whether your son had a solicitor during police interviews?.

Just a quickie for a couple of posters here, Sec 20 Assault is not an offence of 'specific intent' but an offence of 'basic intent' and therefore can be committed recklessly.

[cathfromsaron]

are the school providing alternative arrangements for his studies?

if he didn't plan/it was impossible to predict harm to the person its unlikely that a criminal charge will stand ... why did he flick his cigarette anyway? he needs to be open with you about what happened!