Abh

[tim1995]

Hi, I was recently involved in a street fight in my town centre. Basically I had been out drinking all day with my friends we were about to get some food and go home and just as I was walking into a takeaway a man who looked about 50 odd barged into me. He was with another man and two women, the barge nearly knocked me off my feet and as he walked off i said was there any need for that ***. The man then turned around stared at me and said who do you think your calling and *** and he stormed at me angrily with his fist clenched, this fella was like twice the size of me and i just stood there as he walked over, just as he got next to me he was blatantly about to hit me but before he could my mate hit him. The man stumbled and then it all kicked off, his mate came over and started swinging punches i dodged them and hit him. Another one of my mates punched the man and then got a chokehold and as he did i hit the man again , i then seen my mate on the floor grappling with the man who barged into me so regrettably I kicked him in the head so that he would get of my mate, the kick weren't at full force it was more like a flick with my foot but I still feel terrible for doing it. One of my other mates told me afterwards that as i went to kick the man i was pulled back so i only slightly caught him. The fight was then split up as my mates basically overpowerd the two men and got them in chokeholds. The two men we were fighting with then just walked off down the street and me and my mates walked the opposite direction, I asked one of my friends who never hit anyone f the men looked injured and he reckons they looked alright so I dont think we have done any serious injuries. I haven't been arrested for it but i cant get the incident out my head I feel really bad for getting involved in a fight and possibly hurting someone because i'm not violent and hate seeing people brawling in town centres, i just wish id have never said anything when the man barged into me. I have felt sick for weeks over it and im worried the police will track me down using cctv as it was in a main street in my town. If I am arrested would I be looking on a jail term, I have never been in trouble in my life and im currently in full time employment.

[Buenchico]

Assuming that it is 'ABH', rather than 'Common Assault' or 'GBH', you can read exactly what the magistrates have to read here:
http://www.sentencingcouncil.org.uk/offences/item/assault-occasioning-actual-bodily-harm-racially-religiously-aggravated-abh/

If they see it as only a 'Category 3' offence then a custodial sentence CAN'T be passed. If they see it as a 'Category 2' offence then the 'starting point' sentence is 6 months imprisonment but magistrates generally try to keep first-time offenders out of prison so it's probably more likely that they'd opt for a Community Order. There seems to be little in your post to suggest that 'Category 1' could even be considered.

So, as long as it's only 'ABH' and not (because of the seriousness of the injuries involved) 'GBH', it's probably unlikely that you would go to prison. However if you did manage to inflict serious injuries then aiming a kick at the victim's head would probably be enough to see 'GBH' elevated to 'GBH with intent', making a custodial sentence inevitable.

[EDDIE51]

From what you say it is unlikely you will get arrested. But you need to learn a lesson. Kicking a man who was 'down on the floor' could easily bring a charge of GBH with intent S18 if he was injured. S18 is ALWAYS a prison sentence !!

[tim1995]

I have definatley learnt my lesson, its been a real eye opener and in future if someone barges into me or offends me im going to just ignore them and walk away which is what should of done the other week. I don't think id be charged with gbh with intent or even gbh as the men got up and walked away and there was no blood or anything like that. My mate said they looked fine and im reckoning they will only have bruises at the most but obviously im not 100% sure. I feel bad for the whole situation at the end of a fight one of the women started shouting at my mate saying let go of him hes got cancer!! This made me feel sick that id been fighting with a unwell man but at the same time i obviously wasn't aware that this man was sick and I never deliberately caused a fight with a vulnerable man at the time he just look like a big lump coming towards me.

[tim1995]

I've read since the incident happened that kicking someone is equivalent as using a weapon, I wasnt aware of this at the time and I never intended to do serious harm to him i just got caught up in the heat of the moment and kicked him. It was from a standing position and i never took a run up or anything like that and I never stamped on him. I just pray he wasn't badly hurt as although they were fighting me the kick was totally uncalled for and Im ashamed of it.

[EDDIE51]

I fully agree a charge is very unlikely in this case. But there have been similar cases posted on AB where a 'one off' fight and single kick have resulted in a GBH charge.

[tim1995]

Would i only be charged with gbh if the man had fractures or broken something? I have been reading about cases that sound well worse than my indecent online were people were repeatedly kicked and only got charged with abh? I'm not even sure if the police were called as about twenty minutes later we returned to the takeaway (stupidly) and got some food and we ate it outside and we weren't approached by police. I did see a police van parked up round the corner as I was walking to get a taxi but i'm not sure if i was because of the fight we had surely if they were called they would have arrested me and my mates.

[EDDIE51]

Yes GBH needs a 'serious' injury. The point I am making is that I have seen posts on AB where someone has got into a fight for the first time as you did, but the 'one kick' caused injury that was serious enough for a GBH charge. Your kick almost certainly caused little if any injury. The point is that if it had landed just a few inches from where it did you could be facing a GBH S18!

[tim1995]

Yes fair enough mate I've realised how idiotic and cowardly kicking someone while there down is now obviously drink got the better of me. Thanks for your responses.

[tim1995]

I cant seem to get this icident out my head. I have been reading up about similar cases and cant fogure out what i would be chhatged with if i do get arrested. What injuries would the men i was fighting need to sustain for it to be counted as abh? Im not sure wether it would be common assualt as the men looked fine from what i can tell but may have had bruises. Im seriously worried about this and have convinced myself that the police will be trying to track me down as there are cctv cameras everywhere. I feel like handing myself in just to get the guit of my mind.