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Was it ABH or GBH?

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Jenniec | 20:07 Sun 14th Nov 2004 | News
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I was assualted by someone who hit me several times over the head with a vase left me bleeding heavily. . She also bit me but did not draw blood. I ended up with three sitches in my head and 2 black eyes and a large bump on my forehead.

Police said they were going to arrest her but I don't really understand what the crime is ABH or GBH - anyone know?

Also for personal reasons I don't want to press charges but the police are saying I don't have a choice as they will do it anyway. Can they force me to co-operate?

Thanks

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Sutures usually means it should be upgraded to GBH/Wounding, possibly wounding with intent.

WIth regard the prosecution, you do not have to give a statement / be a witness. They can still prosecute the person though.

ABH is Assault occasioning Actual Bodily Harm, and GBH is Assault occasioning Grievous Bodily Harm.  There is no specific definition of a dividing line between the two, and in some cases it is up to the jury to decide which is more appropriate.  In your case it sounds more like GBH because of the stitches and the bleeding.  I would advise you to co-operate with the police in the prosecution, because otherwise there is the danger that it will happen again.
Question Author
<P>thanks everyone I appreciate the clarifications. </P>
<P>I don't want to prosecute because she is a single mother with young children and has just been through a messy divorce. She has agreed to seek psychiatric help and is very apologetic and probably more upset than I am.</P>
<P>I know it sounds odd but I just want to help her - thats what friends are for.</P>

The courts are not ogres, nor are the police. Have you explained to the police how you feel about this? These days the police do have the right to prosecute whether or not you want to bring charges.

It is not beyond the realms of possibility that the finding of the court (if it ever got there) would be that the person who assaulted you would be ordered to seek medical help rather than being sentenced.

If you are still having doubts about whether to proceed, look at it like this: In some ways, a court ruling against her could be more help than you realise. It is a wake up call, and it can help to push her to the front of the queue for medical and family help. She is clearly not coping with things as they are.

Likewise, if she gets a police caution, the police social workers can help her to get help and medical treatment.

Question Author

Thank you I hadn't thought about it this way. I will try ot stop charges being pressed but if they are I will see if I can write a statment for her defence. I just got the post and she's sent me a lovely card.

Oh dear what a mess. Thank you all for your help.

J

  Jenniec, sorry to hear 'bout your troubles, hope your ok now? the reason for you not wanting to give evidence is yours, yours alone, so i will not even ask, it will be GBH. because blood was drawn, SORRY, bernardo, it will NOT be for the jury to decide, after debate with top officials, the police officer in charge of the case MUST put whatever charge it be, BEFORE  the case goes to court, then, depending on the seriousness of the charge, it could be dealt with at the magistrates court, juries only sit at the higher courts.
Question Author

It is interesting that you all thought it would be GBH. I've just had a letter from the police stating the offence was an assualt occasioning ABH. Still at least I know now for certain.

Thing now is to try and get the best possible outcome for my friend as I am seriously worried for her welfare.

Even if you don't want to prosecute the woman, I would get a crime number and take it to the CICA and you should get compensation for your injuries, especially if they prevented you from working or venturing out etc.  And although you think she is in a worse position about the whole ordeal than you, there is no excuse for what she had done to you and I would not instantly rule out taking it further, you never know what repercussions it may have in the future, I know from personal experience.

I know two persons who done GBH
I have recently had GBH acted upon me and i have come out with 2 bust lips, a broken nose, a few nasty grazes on my cheek from where i the floor, 2 gashes on my forehead and a gash between my eyes, and all this went on becasue i didnt have a cig. i am concidering putting compensation as there was 15 of them and i was only with one person that happened to be a girl. I just dont know the process's to go through as i have names but the police wont get statements or take the names since i found it out from a friends cousins friends friend who was there. so if anyone knows how they can help me i would be most greatful.

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