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im on a gbh charge, but on bail, help!
11 Answers
im being charged with gbh section 20.
the courts gave me a choice to have it at crown or magistrates, i chose crown. (to have my say) it was a family arguement that got out of control.
im now on bail.
what are the chances of me being sent down, i claimed self defence, but its 3 people on to just me, but you must understand it was them 3 attacking me but i got the better of 1 of them, but there all sticking together with similar storys.
ive never had an history with the law, but i think that 1 of them may have.
i have a good charcter witness statements n a few people attending court for me.
im only 19 and am work very hard paying for my car, dou you think that the judge will see this, n let me get on with my life, its a big strain this hanging over me.
i no gbh is a serious offence, but what are the times to spend in jail for this crime?
look forward to hearing from you.
the courts gave me a choice to have it at crown or magistrates, i chose crown. (to have my say) it was a family arguement that got out of control.
im now on bail.
what are the chances of me being sent down, i claimed self defence, but its 3 people on to just me, but you must understand it was them 3 attacking me but i got the better of 1 of them, but there all sticking together with similar storys.
ive never had an history with the law, but i think that 1 of them may have.
i have a good charcter witness statements n a few people attending court for me.
im only 19 and am work very hard paying for my car, dou you think that the judge will see this, n let me get on with my life, its a big strain this hanging over me.
i no gbh is a serious offence, but what are the times to spend in jail for this crime?
look forward to hearing from you.
Answers
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Hi AJ, Get yourself a good solicitor and fight it, it is a serious charge so you must contest it, good luck, some facts for you, hope this helps.
Assaults Offences Against The Person Act 1861
Actual Bodily Harm Section 47
Arrestable Offence
Five years imprisonment on indictment; six months and/or fine summarily
An injury more than merely trivial and includes hurt or injury which is calculated to interfere with the health or comfort of the victim It need not be a permanent injury but must be more than something which is only momentary and trifling eg lost teeth, minor fractures etc. No foresight or foresee ability of the consequences is required.
Wounding or inflicting Grievous Bodily Harm (GBH) Section 20
Arrestable offence
Five years imprisonment in indictment; six months imprisonment and/or fine summarily
It is an offence to unlawfully and maliciously to wound OR inflict Grievous Bodily Harm with or without a weapon on any other person.
Instances that amount to a charge of Wounding or inflicting GBH include permanent disability, broken bones, substantial loss of blood.
Wounding with intent to cause GBH Section 18
Arrestable Offence
Triable on indictment only. Life imprisonment
A similar offence to Sec 20 is committed by a person who unlawfully and maliciously wounds or causes any Grievous Bodily Harm to any person, with intent to do Grievous Bodily Harm
OR
With intent to resist lawful apprehension or detention of any person.
For the offence of Section 18 the offender MUST have an intent to commit GBH. Also applies where they cause GBH or wounding with intent to resist his or anothers arrest.
Maliciously means intentionally or recklessly.
Wounding - All layers of skin must be broken to constitute
Assaults Offences Against The Person Act 1861
Actual Bodily Harm Section 47
Arrestable Offence
Five years imprisonment on indictment; six months and/or fine summarily
An injury more than merely trivial and includes hurt or injury which is calculated to interfere with the health or comfort of the victim It need not be a permanent injury but must be more than something which is only momentary and trifling eg lost teeth, minor fractures etc. No foresight or foresee ability of the consequences is required.
Wounding or inflicting Grievous Bodily Harm (GBH) Section 20
Arrestable offence
Five years imprisonment in indictment; six months imprisonment and/or fine summarily
It is an offence to unlawfully and maliciously to wound OR inflict Grievous Bodily Harm with or without a weapon on any other person.
Instances that amount to a charge of Wounding or inflicting GBH include permanent disability, broken bones, substantial loss of blood.
Wounding with intent to cause GBH Section 18
Arrestable Offence
Triable on indictment only. Life imprisonment
A similar offence to Sec 20 is committed by a person who unlawfully and maliciously wounds or causes any Grievous Bodily Harm to any person, with intent to do Grievous Bodily Harm
OR
With intent to resist lawful apprehension or detention of any person.
For the offence of Section 18 the offender MUST have an intent to commit GBH. Also applies where they cause GBH or wounding with intent to resist his or anothers arrest.
Maliciously means intentionally or recklessly.
Wounding - All layers of skin must be broken to constitute
I assume that you elected crown court on the advice of your solicitor - generally speaking defendants have a better chance of being acquitted in the Crown Court than in the Magistrates but of course you run the risk that if convicted in the Crown Court the sentence will be heavier.
You are young, in employment and not been in trouble before. This will go in your favour
On the other hand its a domestic incident the charge is serious and you have elected crown court.
You cannot rule out the possibility of a custodial sentence.
Is there any scope for pleading to a lesser charge
Finally forget character witnesses they are of no use whatsoever
You are young, in employment and not been in trouble before. This will go in your favour
On the other hand its a domestic incident the charge is serious and you have elected crown court.
You cannot rule out the possibility of a custodial sentence.
Is there any scope for pleading to a lesser charge
Finally forget character witnesses they are of no use whatsoever
Best of luck pal, i don't envy you having all this on your plate, always remember that whatever you are going through will eventually be history.
Also try not to let malicious bstrds like Doc Spock, who undoutably deserves a kicking, get under your skin.
Gather as much support that you can, probation officer? certainly your boss for a character ref even your doctor, don't leave any loose ends.
Go into court confident in your mind but controlled, you will be on display to people that will no doubt have a holier than everyone attitude, stay cool, good luck!
Also try not to let malicious bstrds like Doc Spock, who undoutably deserves a kicking, get under your skin.
Gather as much support that you can, probation officer? certainly your boss for a character ref even your doctor, don't leave any loose ends.
Go into court confident in your mind but controlled, you will be on display to people that will no doubt have a holier than everyone attitude, stay cool, good luck!
As Uncle Raymondo says, sect 20 is nowhere near as bad as sect 18. It is all abaout yours "mens rea". That is your guilty knowledge or intention to conflict a GBH.
If a GBH injury does exist (sorry to correct Ray, but the broken skin thing is a very, very broad definition and when it get to court will not be used, i.e you can have psychological GBH nowadays) it was a product of the whole situation.
That is, a jury may believe a fight was highly probable (whether self defence or not) i.e through provocation, but your actions were not intended to cause such a serious injury, it just happened.
You have not opted to go to crown court "to have your say", you have a say at magistrates. You have go to crown court to prove beyond all REASONABLE doubt your innocence. You will therefore need to convince a few jurors of your self defence defence. Remember self defence is just that a DEFENCE not an EXCUSE.
You have to promote yourself as in a position of danger. Your life or immediate wellbeing was threatened by a force capable of doing such damage. Even if the person injured had not assaulted you, YOUR actions was first NECESSARY and more importantly REASONABLE in the circumstances. There was not realistic chance of escape, it was them or me, I was in danger, I was scared, I had to defend myself. Learm "IMPACT FACTORS".
Impact factors will include numerous things and will PROVE you acted in Self defence:
You vrs 3 attackers
Your relative size
Your knowledge of fighting skills
Your sobriety vrs your attackers drink or drug levels.
Your stable mind vrs any mental illness of your attackers
Did they have weapons?
Were weopans near by? vases, tools, high heels etc. Did it cross your mind that they may have used them (hint hint yes it did)
Have you seen your attackers become violent before?
If a GBH injury does exist (sorry to correct Ray, but the broken skin thing is a very, very broad definition and when it get to court will not be used, i.e you can have psychological GBH nowadays) it was a product of the whole situation.
That is, a jury may believe a fight was highly probable (whether self defence or not) i.e through provocation, but your actions were not intended to cause such a serious injury, it just happened.
You have not opted to go to crown court "to have your say", you have a say at magistrates. You have go to crown court to prove beyond all REASONABLE doubt your innocence. You will therefore need to convince a few jurors of your self defence defence. Remember self defence is just that a DEFENCE not an EXCUSE.
You have to promote yourself as in a position of danger. Your life or immediate wellbeing was threatened by a force capable of doing such damage. Even if the person injured had not assaulted you, YOUR actions was first NECESSARY and more importantly REASONABLE in the circumstances. There was not realistic chance of escape, it was them or me, I was in danger, I was scared, I had to defend myself. Learm "IMPACT FACTORS".
Impact factors will include numerous things and will PROVE you acted in Self defence:
You vrs 3 attackers
Your relative size
Your knowledge of fighting skills
Your sobriety vrs your attackers drink or drug levels.
Your stable mind vrs any mental illness of your attackers
Did they have weapons?
Were weopans near by? vases, tools, high heels etc. Did it cross your mind that they may have used them (hint hint yes it did)
Have you seen your attackers become violent before?
Impact factors are therefore broad and WILL save you if you can convince some jurors of these.
Remember, the Police inflict GBH injuries everyday on prisoners and members of the public and even kill people. They have (with the exception of a few serch powers) EXACTLY the same laws and defences as you, yet they are rarely ever prosecuted because their defence is water tight.
Necessary and Reasonable. Stick to these guidlines and it does not matter of there are 500 witnesses against you. It is how YOU felt.
Remember, the Police inflict GBH injuries everyday on prisoners and members of the public and even kill people. They have (with the exception of a few serch powers) EXACTLY the same laws and defences as you, yet they are rarely ever prosecuted because their defence is water tight.
Necessary and Reasonable. Stick to these guidlines and it does not matter of there are 500 witnesses against you. It is how YOU felt.
Finally, to answer your question.
WORSE CASE scenario.
19 years old of good character. Has shown remorse (even possible if acting in self defence "Oh my God, I can't believe I did that, I feel so bad"), injuries not permeant, not contact since the offence,
6 months custodial. No more. so the VERY worse will be 6 months (out in 3 months)
IF guilty, more likely 2 year suspended with �500 fine.
WORSE CASE scenario.
19 years old of good character. Has shown remorse (even possible if acting in self defence "Oh my God, I can't believe I did that, I feel so bad"), injuries not permeant, not contact since the offence,
6 months custodial. No more. so the VERY worse will be 6 months (out in 3 months)
IF guilty, more likely 2 year suspended with �500 fine.
thanks every one for the information and the support. i have taken in this information and yes it has been very helpful.
in the inceident the othe person recieved a broken eye socket, which required surgery. he was a 40 year old man, alot bigger taller, and angry than me.
it was jus a quick reaction.
i jus thought i would let you know the extent of the injurys. all i recieved was a bump to the head cuts and bruises.
in the inceident the othe person recieved a broken eye socket, which required surgery. he was a 40 year old man, alot bigger taller, and angry than me.
it was jus a quick reaction.
i jus thought i would let you know the extent of the injurys. all i recieved was a bump to the head cuts and bruises.
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