Body & Soul0 min ago
I Was Assaulted Please Help.
3 Answers
Hello, I’m from the United Kingdom and I am in year 11 of secondary school. Nearly three weeks ago I was assaulted by a boy in my year I hardly know him and have never had a conversation with. I was talking to my friend when I was speared by this boy, I turned into it as it took me by suprise and I wanted to see what was happening and who it was, as he came from behind me, I asked if he would let go and get off me but all I got in response was a grunt. I then proceeded to try and push him off me with little success, he then rammed me agains a wall, I started to punch him to get him off me as he is bigger and stronger and I was as scared. He body slammed me and as I trying to get up off the floor he punched me in my left eye. I was knocked out and went straight into a steel guider. I was rushed into hospital with a major concussion, fractured orbital floor with entrapped eye muscles (not sure of scientific name) and a bleed behind my eye. I have lost the fleeling in the left side of my face due to nerve damage from the attack. My vision is blurry and I have only recently been able to open it as it has been swollen shut. I had three operations on it ,had a metal plate put in it and was in hospital for a week. My eyesight is blurry and double vision, doctors don’t know if it will ever get better. We contacted the police and have cctv video of the incident. I just wanted to see if this would be under ABH or a GBH charge as CID have taken the case and I am feeling really anxious and scared and am wanting some sort of closure. Also am I in the wrong for punching him and trying to get him off me? I rly don’t know anymore and I’m doubting myself, honesty is the best so be honest in your responses please as it will make me feel better as I can reflect on a third parties view on this. Thanks for reading (I typed this using my good eye so sorry if there are any typos )
Answers
When deciding whether a charge should be 'ABH' or 'GBH', Crown Prosecution Service staff are obliged to refer to the guidelines in this document: https://www. cps.gov.uk/l egal-guidanc e/offences-a gainst-perso n-incorporat ing-charging -standard As I read it, there can be no doubt that the appropriate charge should be one of 'GBH'. When seeking to...
01:04 Sat 05th May 2018
When deciding whether a charge should be 'ABH' or 'GBH', Crown Prosecution Service staff are obliged to refer to the guidelines in this document:
https:/ /www.cp s.gov.u k/legal -guidan ce/offe nces-ag ainst-p erson-i ncorpor ating-c harging -standa rd
As I read it, there can be no doubt that the appropriate charge should be one of 'GBH'.
When seeking to defend yourself from an attack the law permits you to use 'reasonable force' (when you can't simply avoid the attack through running away). There is also case law which is based upon the words of Lord Morris in a 1971 court judgment:
"If there has been an attack so that self defence is reasonably necessary, it will be recognised that a person defending himself cannot weigh to a nicety the exact measure of his defensive action. If the jury thought that that in a moment of unexpected anguish a person attacked had only done what he honestly and instinctively thought necessary, that would be the most potent evidence that only reasonable defensive action had been taken ..."
So you've done absolutely nothing wrong.
There's plenty of psychological research which shows it's not at all uncommon for victims to (wrongly) blame themselves, in part at least, for offences committed against them. So the thoughts and feelings you've been experiencing aren't really unusual. (Many people have them). However you need to keep telling yourself that you were WHOLLY in the right and your attacker was WHOLLY in the wrong (with no 'grey areas' at all).
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As I read it, there can be no doubt that the appropriate charge should be one of 'GBH'.
When seeking to defend yourself from an attack the law permits you to use 'reasonable force' (when you can't simply avoid the attack through running away). There is also case law which is based upon the words of Lord Morris in a 1971 court judgment:
"If there has been an attack so that self defence is reasonably necessary, it will be recognised that a person defending himself cannot weigh to a nicety the exact measure of his defensive action. If the jury thought that that in a moment of unexpected anguish a person attacked had only done what he honestly and instinctively thought necessary, that would be the most potent evidence that only reasonable defensive action had been taken ..."
So you've done absolutely nothing wrong.
There's plenty of psychological research which shows it's not at all uncommon for victims to (wrongly) blame themselves, in part at least, for offences committed against them. So the thoughts and feelings you've been experiencing aren't really unusual. (Many people have them). However you need to keep telling yourself that you were WHOLLY in the right and your attacker was WHOLLY in the wrong (with no 'grey areas' at all).
You have described some pretty serious eye injuries - which come under the heading - orbital blow out -
you are having treatment for this ?
this counts as really serious injury so that one is looking at GBH. Buenchico will know if the charging criteria are met for GBH with intent - I dont think so as the boy will say he didnt intend to blow out your orbit
concentrate on getting better - these are really serious injuries. I am sorry you were injured like this
you are having treatment for this ?
this counts as really serious injury so that one is looking at GBH. Buenchico will know if the charging criteria are met for GBH with intent - I dont think so as the boy will say he didnt intend to blow out your orbit
concentrate on getting better - these are really serious injuries. I am sorry you were injured like this