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gbh section 18 wounding with intent
5 Answers
could someone please tell me what they think could be the outcome of this please. im a 25 year old male i have no previouse convictions have always worked. at the time of the incident i was living with my mother my sister had a bf which was aggressive towards my sister but she stayed with him. on the day my sister came to my mothers address to see me and my mum and she told us that she wants to leave her bf as she has had enough of him and asked if she could come live with mum. not long after all 3 of us were out side of the back door having a cigarette my sisters bf came on to the property and approched my sister in an aggressive drunken manner and was shouting abusive words at her my mother said to him to leave this is my house i dont want it here he then looked at my mother and said shut the flump up or ill smack you in the mouth i then confronted him and told him to leave before i phone the police he walked off the property shouting back that he is going to smash my sisters belongings up. my sister started crying as she didnt have much stuff so it was preciouse to her my mum phoned the police i said i would go and have a word with him to see if i can get her belongings back in a civil manner. i got in to my car and drove in the direction that he was walking i saw hime and pulled up to the side of the pavment and put my window down and i said to him can i give u a lift home and get my sisters belongings instead of you getting in trouble with the police he ignored me and kept walking past my vehicle i got out of my car and stood on the pavement i then shouted to him please let me get my sisters belongings he walked up to me and punched me to the left side of my face(leaving a red mark it later turned in to a bruise photos were taken.) i reacted in self defence not to get a nother hit from him i punched him twice to the face he fell to the ground i panicked and drove straight home the police shortly after turned up at my mothers address i told the police that he had hit me and i hit him twice to protect my self my mother told the officer that he said he is going to smash my sisters belongings he said it is a civil manner bout the clothing but would take my sister over to his address to see if he is willing to give her belongings back on returning the officer had said he was very abusive swearing at the officer and he could see he was very drunk but did manage to get clothing from him. the offficer then asked me again what happend between me and sisters bf i told him he asked to i want to press charges but i said no we got her belongings thats all i cared about he then left. a few days later police came to my mothers address to arest me but was not able to take me as i was baby sitting and told me to report to the police station in the morning at 10 am which i did they then told me that i was under arrest for gbh section 18 wounding with intent and said i had broken his jaw i pleaded not guilty at court so awating trial which is 20 june 2012 the police officer that attended with my sister at her bf house has given a statement saying that he was drunk and in an aggresive manner and appeared to have no injuries or blood on him i am in wales in gwent area any reply would be most appreciated
Answers
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Sounds to be a clear case of self-defence to me.
Some play might be made of the fact that one party has come off worse, in this case with a...
Some play might be made of the fact that one party has come off worse, in this case with a...
14:19 Tue 01st May 2012
i am not a law person. Are you going to plead guilty?
i can't see how you could be anything other than guilty - you freely admit that your punch broke his jaw. Have you seen a solicitor? GBH section 18 is a very serious offence - did you use a weapon?
Anyway, you need to get a solicitor ASAP, who will have the benefit of all the facts, plus legal knowledge
i can't see how you could be anything other than guilty - you freely admit that your punch broke his jaw. Have you seen a solicitor? GBH section 18 is a very serious offence - did you use a weapon?
Anyway, you need to get a solicitor ASAP, who will have the benefit of all the facts, plus legal knowledge
Sounds to be a clear case of self-defence to me.
Self-defence is meant to be a reasonable use of force, not excessive force; if one man is punched and he responds by picking up an axe and hacking the other to pieces, that's not self-defence ! Punching him back would be.
Some play might be made of the fact that one party has come off worse, in this case with a broken jaw. But the law applies common sense, and is realistic. At worst, in deciding whether someone used reasonable force the law says that a man cannot be expected, when he comes under sudden attack, to weigh to a nicety what precise degree of force is needed to defend himself ; that he does only what seems to him, in the agony of the moment, to be necessary and reasonable,that is the most compelling evidence that he acted in self defence. In other words, the fact that this came off worse in these circumstances, even with a broken jaw, doesn't mean that is not self-defence.
Two punches, whatever the consequences, were certainly reasonable here, on your account. The same could be said of three or more, if necessary to stop a battering from him.
Incidentally, it's doubtful whether s18 will be persisted with. The injury is quite serious but it's difficult to prove the necessary intent to cause it.It isn't the necessary consequence of a couple of punches. Ordinary gbh, s.20, is more appropriate. But whatever the charge ends up as, on your account you have a defence of self-defence to it.
Self-defence is meant to be a reasonable use of force, not excessive force; if one man is punched and he responds by picking up an axe and hacking the other to pieces, that's not self-defence ! Punching him back would be.
Some play might be made of the fact that one party has come off worse, in this case with a broken jaw. But the law applies common sense, and is realistic. At worst, in deciding whether someone used reasonable force the law says that a man cannot be expected, when he comes under sudden attack, to weigh to a nicety what precise degree of force is needed to defend himself ; that he does only what seems to him, in the agony of the moment, to be necessary and reasonable,that is the most compelling evidence that he acted in self defence. In other words, the fact that this came off worse in these circumstances, even with a broken jaw, doesn't mean that is not self-defence.
Two punches, whatever the consequences, were certainly reasonable here, on your account. The same could be said of three or more, if necessary to stop a battering from him.
Incidentally, it's doubtful whether s18 will be persisted with. The injury is quite serious but it's difficult to prove the necessary intent to cause it.It isn't the necessary consequence of a couple of punches. Ordinary gbh, s.20, is more appropriate. But whatever the charge ends up as, on your account you have a defence of self-defence to it.
thanks for ur replies canary 42 and fredpauli43. canary42 yes i regreat not pressing charges. fredpuli43 about the broken jaw part i dont thinck i caused this injury to him he has 3 other brothers living with him they all have convictions i believe that one of them might have done it to get me in seriouse trouble i believe this because he would have had problems with talking but didnt appear so when swearing at the officer which officer has said he didnt appear to have any injuries. and not only that in his statement he has said that he didnt go to hospital untill the next day which the hospital records confirm this do u thinck this would help me prove about his jaw. and i am concerned about when he fell to the floor that i panicked and left in my car i know now i should have phoned an ambulance or something but didnt thinck of that at the time and the problem with this incident is there are no witnesses and he said that i kicked him several times when he was on the floor but i did not do this he has no marks or bruises on him just a broken jaw surely they will think if i kicked him he would be bruised
I do not believe that the section 18 will be preceded with and even if it is I would lay very heavy odds that a jury will NOT find you guilty.
You must get a solicitor no this case as IF (and only if) you do go to trial for S18 and are fiund guilty it is a prison sentence.
I had to say that so as to prepare you for the very worst.
I stilll DO NOT think that this will actuallly go to trial, and even if it does that you will be found not guilty. You may get offered a chance to plead guilty to the lesser charge of a section 20 but my advice would be ''do not do it and go to trial'' I just can not see a jury finding you guilty if the story really was as you say. Is there actual evidence , ie Xrays, of the broken jaw or is he just saying that is what happened ? He will need full medical evidence if this trial is to go ahead.
You must get a solicitor no this case as IF (and only if) you do go to trial for S18 and are fiund guilty it is a prison sentence.
I had to say that so as to prepare you for the very worst.
I stilll DO NOT think that this will actuallly go to trial, and even if it does that you will be found not guilty. You may get offered a chance to plead guilty to the lesser charge of a section 20 but my advice would be ''do not do it and go to trial'' I just can not see a jury finding you guilty if the story really was as you say. Is there actual evidence , ie Xrays, of the broken jaw or is he just saying that is what happened ? He will need full medical evidence if this trial is to go ahead.
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