Should I Go Guilty To Abh

[haygav]

I accidentally burnt my wife and she had to go hospital. when they found out that I done it they called the police and social services. I've been charged with abh. it was gbh with intent to start and I pleaded not guilty. my wife has refused to go court and give a victim statement. I have no previous history and we want to move on. is there a case?

[EDDIE51]

The CPS normally proceed with domestic violence cases even if the victim does not want to give a statement or wants to withdraw a previous statement. If this case goes to trial the evidence will be the hospital statement and assessment of your wife's injury and the evidence of the police who attended the incident.
If your wife refuses to give evidence she could be treated as a 'hostile witness' this means that the court assume that the reason she is refusing to give evidence is that she is too scared of you to speak
Your wife should go to court and explain the full story and say that it was an accident, she will cross examined on her testimony.

[EDDIE51]

Reading this again I have a few questions.
You say '' It was GBH with intent to start with and I pleaded not guilty''
So has this case already been to court? have you been offered a 'plea bargain ?' ( you agree to plead guilty to the lower charge of ABH in return for a non custodial sentence?) We need to know as it makes a big difference to the advice we give.
GBH with intent ( S18) is a VERY serious offence , only one step down from attempted murder! it is always a prison sentence. We need the full story and background to give the appropriate advice please.
You ask 'is there a case'' the answer to that is 'Yes'
(as you have already been to court and pleaded not guilty to S18)

[ChillDoubt]

I'd like to know more details about how you 'accidentally' burnt your wife. It's pretty broad spectrum, so could you furnish us with the exact details, setting and circumstances?

[haygav]

more info. when I originally got interviewed they said it was gbh with intent. I denied this as it was an accident. I have since stayed at home with my wife and boys as she was struggling. The police came round and I got arrested. then my solicitor got me bail and they then charged me with a lower case of abh. I'm on court bail until the 25th of June when my trial is. my wife and I had a little arguement at home which resulted in me throwing some water. A bit got her but was never meant to. when she went to hospital she was in shock tired and just wanted everyone to leave her alone so she said anything to get them to leave. since then there are no lasting marks thank god and she has refused to give a victim statement and go to court. she understands it was an accident and we both wish this nightmare was over. I've never had a fight or been violent in my life. I shouldn't of thrown the water and regret it deeply. The police were pushing her saying he will do it again he needs to be punished etc.. They don't know me and the devastation this has caused all our family . I can only see our sons through our parents at the moment and have to live away. as my wife refused to give a statement they started being funny towards her I'm glad her parents were there to witness it. They now say they will push to get me done for breaking bail. my children and wife are my life and social and police kept passing the buck y I couldn't see my boys that's why I went round. All my wife's family have been brilliant and still see them regularly. They know it was an unfortunate mistake and hope we can get through this. I'm not a wife beater or anything else like that but feel I'm being treated like one. It's heartbreaking.

[black_cat51]

it doesn't really make any sense to me - what were you intending that the water do?

[haygav]

go on the floor she was standing at the side of me not in front. We have never argued in front of the children and they wasn't there if they was none of this would of happened. my wife smashed a plate on the kitchen floor and I said I take it u don't want your dinner and threw the water. I shouldn't of done it I should of just ignored it. If intended to do it she would of been burnt from head to toe.

[black_cat51]

the thing is, she obviously had injuries, and ou caused them, whether you intended to or not

[ChillDoubt]

So you scalded your wife by throwing boiling water on her, you didn't 'burn' her as you put it.

[Dizmo]

CD: A scald is a type of burn (A thermal, or heat burn) :)

[Dizmo]

I suppose by saying scald he could of been more specific. Anyways there is no point me picking holes in stuff like that. haygav: Personally I think things like this are stupid, but I can understand why the CPS still run with domestic violence even if the victim doesn't wish to 'press charges'. I think the best thing you can do is take Eddie's advice re getting your wife to explain the circumstance in court. Her silence could land you deep in the guano.

[ChillDoubt]

Dizmo,
I asked because because when the OP mentioned burning I wondered if it had been accidental as was claimed i.e. caught with a burning ember or intentionally by pressing an iron or similar against someone.
I wanted the circumstances and have subsequently had them explained.

haygav,
Yes, there ought to be a case to answer because as a result of a domestic incident you've been very reckless and caused injury. Stand in front of the judge/bench, explain the circumstances, take whatever you've got coming like a man and learn to deal with such matters in a far more adult and restrained manner.

[EDDIE51]

Now we know more about the situation I have to say 'yes' plead guilty to ABH.
ABH is a lot less serious than GBH with intent.If you plead guilty and your wife tells the court that she wants you back and that she accepts that this was an accident there is no way you will go to prison.
Remember that there is an automatic 1/3rd reduction in sentence for a guilty plea , this is to ANY sentence not only to prison sentences, it applies equally to non custodial sentences such as community service. By pleading guilty and showing true remorse your most likely outcome will be a short community service order. If it had stayed at GBH with intent S18 you would be facing jail even with a guilty plea.

[in a mo]

In my humble opinion take CHILLDOUBT's advice ,the best thing is to is going to court show that you are full of remorse and heart broken obviously it was madness on your part and admit that you realise that you were reckless and that nothing like this has ever happened before and nothing like this will ever happen again also that you miss your children and your wife most importantly has forgiven you.
I really hope all goes well please post a answer when the case is over
Ib A Mo

[Dizmo]

Something else you have to consider is that if you plead guilty it may effect your current employment and future employment chances