Will I Go To Prison?

[Hlwman]

I went out the other day/night for mates birthday. We began drinking about 10 in the morning bearing in mind I drink about 3 times a year. From approximately 3pm I think I blacked out and came around whilst being chased down a road. I knocked on someone's door and they called the police. However the police were already looking for me and subsequently arrested me for affray. However in the morning I was rearrested for Gbh and two counts of assault because the man ended up with a broken collarbone. I've known been bailed. They have the two counts of assault on cctv but not the Gbh. Do you think I'll be going to prison. It's my first offence, I've never been in trouble with the police and a good member of society just made a big mistake which I whole heartly regret. Also does a broken collarbone constitute serious harm?

[SlackAlice]

duplicate post

http://www.theanswerbank.co.uk/Law/Question1495800.html

[Buenchico]

Largely answered on your other thread.

You probably won't be given an immediate custodial sentence if the judge sees the offence as 'Category 3'. However there may be factors, which you've not told us, which could take the offence into a higher category. e.g. using a weapon can result in that happening and (for example), as far as the courts are concerned, a shoe on your foot counts as a 'weapon'. So if you kicked the guy while he was on the ground (particularly if you aimed a kick at his head) you could well end up being sentenced for a 'Category 2' offence, which automatically results in a custodial sentence (although even that could then be suspended).

[trt]

Being arrested for affray could be serious.

[Hlwman]

Yeh sorry just worried. Cheers for the help though

[EDDIE51]

Your big problem is that you can not remember what happened.
That is going to be a problem if you decided to try a 'not guilty' plea.
If I read this correctly you are facing a charge of GBH (S20 presumably) 2 counts of assault ( is that 'common assault' or ABH ?) and a charge of affray.
I have to say that if you are guilty of all 4 charges there is at least a possibility of jail.
I also see you have duplicate posts on this and you have just answered on the other post, I will look at that and see if it affects this post.

[Hlwman]

I was going to plead guilty as you can see it's me on cctv. It's 1 count of Gbh and 2 common assaults the affray was upped to Gbh because of the broken collarbone.

[Hlwman]

If I was to represent myself in court/use the duty solicitor would that work against me?

[beso]

You came around while being chased down the road? Somehow you were running while unconscious? I would suggest you don't tell that story to the court.

[Old_Geezer]

Probably means that's when his memory started recording properly again. Earlier deleted (or blocked).