Did My Son Do The Right Thing In Pledding Guilty?

[JAR1]

He his 17 years old, went out one night to buy a pizza. Bumped into a load of drunken youths, the youths kicked off at him, ended up in a bit of a scuffle son walked a way, youths followed him, having a go, etc etc. My son hit one, the guy went down hit his head and ended up with a cracked skull.? Could my son pled any other apart from guilty to section 20? It just seems so unfair he was minding his own business and is going to end up with a record? He is at college, makes no trouble, very gentle boy. the youths have a name for them selves all ways fighting etc etc...

[ummmm]

Any CCTV?

[JAR1]

None that was working. Had one witness that did hear a boy shout "go away I don't want to fight you" A drunk one replied "I am going to kill you"

[joko]

well he did hit the boy so he cant really deny it - but it was self defence.

if he was alone, and there was gang not many judges are going to believe he started the trouble or that he attacked first - he'd have to be crazy to do that.

regarding cctv, also try inside local shops - such as off licences etc - as many have them inside pointing at the door, which if it has glass windows may have caught the trouble.
also try local houses that may have one that can see the road - as your son what route he took and walk it yourself looking everywhere.
even one that is far away way just have caught something

[sandyRoe]

How did this come to the attention of the police? He was very lucky if he was on his own when these youths attacked him and he got away unscathed.

[jake-the-peg]

//but it was self defence. //

Well that's a bit of assumption here isn't it?

Yes you're allowed to strike someone first in self defence if you're in genuine fear for your safety but you have to show that you didn't have other realistic options like running away.

Sounds like there may be an arguable case of self defence but it might not be.

For example if a bunch of kids kicks of at me and I walk away and they follow me jeering at me and calling me names and I just snap and turn and hit one - well that's not really self defence is it?

[ummmm]

So you wouldn't fear for your safety if a group of people were following you calling you names?

[EDDIE51]

Has he actually been charged and gone to court ? From what you say it seems as though a S20 , GBH without intent, is way over the top.
One punch ? that is a low level ABH at most.Complicated by the fact that he hit his head as he fell , but I would still argue that it only amounts to ABH after provocation. Have you got a lawyer ? if not get one fast.
If he has already been to court then it is too late you can't change a plea.

[JAR1]

He called the Police himself. I just can not get my head around him having a record!! That's it now for the rest of his life!! He is suffering emotionally too. He was scared and hit the guy after walking quickly away and after being followed and pushed around. We found out the guy was out on bail too, always fighting!! So glad he came around and did not die. My son does not have a record and never been in trouble before, not even at school What implication having a record with GBH? Thank You all for your time and replies

[JAR1]

Just one more thing, he did not get away without injuries , he had been belted before he got away and before they followed him!

[bednobs]

it doesn't really make any difference if other people think he was right or wrong - he's pled guilty now

[joko]

jake - its not an assumption ... and nor did he hit the lad first!

jar says, quite clearly - "the youths kicked off at him, ended up in a bit of a scuffle, son walked a way, youths followed him, having a go, etc etc."

they had a 'scuffle' - a physical altercation, and when the lad tried to walk away - they chased him and carried on...

[tonywiltshire]

At Common law a person is permitted to defend themselves from attack, but they must use the minimum reasonable force, you may be interested in Palmer v R 1971. In such cases they will plead not guilty, if your son believes he is guilty of Grievous bodily harm he will plead guilty at the earliest opportunity having taken professional advice.
The possibility of a conviction could be devastating to his future as there will be some areas of employment which may be closed to him.

[EDDIE51]

If he has pleaded guilty to GBH then it will have an effect for the rest of his life.
He can never get a job that requires an enhanced CRB check and it will show for several years even on a standard CRB. What sentence did he get ? the sentence determines the time until the conviction is 'spent' and does not need to be admitted to in a job application. Though as I said it will show for ever on an enhanced CRB but once 'spent' it can come off a standard CRB.

[jackthehat]

Has this actually been to court, yet?

[jno]

I don't think he's pleaded yet, as I read the OP. In his case, I wouldn't.

[Sharingan]

In a word No. He would have had a reasonable chance of a self defence claim I would have thought and perhaps a lessening of the charge as well, as it is he's done himself no favours at all.

[EDDIE51]

I asked if the case has actually been to court but I got no reply.
From what has been said it does not look like a S20, GBH without intent, see my post @17.53 yesterday.
JAR1 please ! if your son has not gone to court yet get him to talk to a solicitor urgently he could have the charge dismissed if it has not actually gone to court yet.