Aggrivated Burglery

[Oakadin]

I am in crown court in 7 days to enter my plea and im just woundering what i might expect with this case.

Last year in summer a mate of mine had a guy living at his address while his mrs was ill in hospital as he had no money for food electric etc as she had the bank card and he wasnt due his money till the next friday so i lent him around 130 pounds and 2 other friends gave him money for taxis,food etc

It then came to my attention that infact he was using all the money to fuel a heroin and crack addiction that i was unaware of so i wanted to make sure he would pay the money back went round his house to speak face to face with him about it.

after nocking for a good long time and being told to f off by him i lost my head and kicked his door witch opend so i went in this reulted in a fight that he started.

Now i had been round there before and been inside the flat but it turns out that police raids had weakend the door.

When we was fighting fell against the wall were he got a small split on the back of his head.

He is saying that i attacked him with a hammer and baseball bat and robbed him of money (he didnt even have any) witch is untrue i admited to kicking the door and the fight but said that it was never my intention.

he is also saying he was crawling on his hands and knees in the kitchen while i was supposedly hitting him still but photo's show that all thats in there are blood drips were as it would be smeard if that happend.

There is also blood at the place were i said we feel against the wall a blob then a smear down as we slid down a bit.

Now there are 2 witnesses that say the saw me holding a bat but they both do not describe me or what i was wearing infact they said i was wearing dark cloths when i wasnt.

There was no blood on my trousers or shoes but was on my t-shirt were we was grappleing again smeard not splatterd.

The fight ended soon as i saw blood as i never even wanted the fight just to know why he lied.

Now im 5"11 16 stone stockey built they said the person they claim had a bat was 5"7 and wearinin dark cloths wear i was wearing a near white top.

I handed my self into police when i relised he was going to them.

The guy i had the fight with was found inside his flat when Forensics turned up there were they found a small hammer with a smear of blood on it.

No DNA of mine links me to this in anyway.

also i found today that my interview i gave when arrested the tapes dont work includeing the masters (audio didnt work)

no one saw me enter the flat or saw me leave they say that they saw the bat after id crossed the road but were could i hide it with just a t shirt on.

what would the likely out come of this be?

also i had a stroke in 2011 and have a long term arm injury(torn tendums, tenis elbo and trapped nerve in shoulder) so swinging weapons around is not some thing i can realy do.

sorry about my spelling my brain aint once what it was
Oak

[Oakadin]

i forgot to mention that this is pretty much my first offense

[Canary42]

I expect that some of our more expert contributors will be along tomorrow to help you, but they will probably want to know what the charge is (aggravated burglary I assume), and what you are pleading. Also what your previous record is. This will enable them to give you some idea of what to expect if found guilty.

For the case itself, you need expert legal advice from your defence lawyer. I would have thought one of your best bets is to discredit the "witnesses" but I'm no expert.

Good luck in Court.

[Oakadin]

Im Pleading not guilty as i didnt go round there to break in or rob him or even assault him.

i have 1 account of assault from over 10 years ago and i just got a fine

Now the guy has a record as long as my leg with god nows what on it, he is a bully thief and other things ive since heard and even his own forensic evidance dont back up his claims of crawling around he had no concussion, no skull fracture all he basicly had was 1 1 inch split on and a few marks i would think a 16 stone guy like me would crush his head with a weapon.

and yes the charge is Aggrivated bergulry.

[FredPuli43]

Preliminary enquiry. In what way are they saying this is burglary? What does the count (charge) in the indictment (the Crown Court charge) say ? It is burglary if you entered as a trespasser (we can take it that you did), with intent to steal, or stole when in there, or with the intention of inflicting grievous bodily harm, "gbh", on someone in there.

The offence is aggravated if, at the time of entering to do the burglary, as explained, you had with you 'any weapon of offence'. or had it when you stole. Now, all these alternatives seem to be not obviously proved on what you say. Your counsel will advise you . It may be that what emerges is simply an assault of some kind or other . This is quite important. Aggravated burglary is a very serious offence; the maximum, in theory, is life imprisonment. If it can be avoided, it's all to the good. It's only matched by section 18 assault (wounding, or inflicting grievous bodily harm, with intent to cause grievous bodily harm ) which also has that maximum, in the possible charges here.

[Oakadin]

they are saying that i stole money from the person after beating him up BUT the person had no money to steal he didnt even have electric still.

the thing is he is a known drug user heroine and crack cocaine and is saying he had 40 pounds in his wallet how the hell would i even know he had money and the fact he didnt even have his bank card and his pay day wasnt untill 2 days later.

i dont no many drug addicts like that who has money in there wallet ever.

im wanting to know what them loseing my taped interview means im not sure yet if its good or bad for me as my statement now is the same as then but they could say how do we know it is.

if im not making sense in my typing i am sorry im trying hard to type good

[Canary42]

Once again, I'm not an expert but losing the tape would appear to be to your advantage, even to the extent of getting the case thrown out on a technicality - but I may be completely wrong, so don't get your hopes up, you need to ask your Counsel this question.

And wait until the morning for more qualified responses.

[Oakadin]

well it wasnt realy unanounced i was ringing him before i went round were i said i just want a chat and knew he was in i even said i was going round.

he admits in his statement that he knows me and there are 2 other people giving statements saying he borrewed of myself and them he even said he borrowed money to his partner ogver the hospital phone but not sure if thats even recorded.

i didnt kick the door in as sutch more a frustrated swipe of a kick and it opend as it was damaged by police raids i enterd at first thinking he opend the door no threats were issued by me at all it only kicked of as he threw a plate at me he acturly threw the first punch.

now he is trying to deny he borrowed money but im not the only person he did and he was seen by 3 witnesses takeing the money.

[Oakadin]

the person is on police record for being a drug user and his partner was taken to hospital after collapsed veins etc (i was told numonia) it was the police that forced her to go in.

my legal team has seen copys of all statements and photo's both witneses describe me rong and wearing the wrong cloths.

the only proven facts so far is i kicked the door and a fight happend the supposed weapon that had the persons dna on was found in his flat my DNA was not on it in any way or finger prints nothing else was recoverd.

when i was handed myself in and arrested and searched i had no money on me what so ever.

the fact that he still had no electrick when forensics and police went to the flat shows he didnt have money who sits there with no ellecy all day if they dont have to.

now i have gone over this with my brief about whats wrong etc

he says i have far more positives than negatives well tbh the main negative he says are the 2 witnesses but they say they only saw me out side any way.

the 2 witnesses live in the same house if that makes any difference so its not 2 totaly seperate ones.

if only hospitals recorded phone calls on there pay phones! as he says clearly i lent him money he had nothing and that she had his bank cards.

i suppose this is what i get for trying to be kind to some one

sorry ranting just frustrateing and im paranoid lol

[Oakadin]

would 3 witnesses to the loan not be enough to help that? all 3 are willing to go to court to say this happend.

it wont be hard to prove he is a drug addict btw as he openly admits it and infact i would not at all be suprised if he came to court high, i just wish i new before hand i wouldnt be in this mess.

[Oakadin]

no i agree with you, could my defence not to provide a bank statement to prove he drew no money out? or maybe the cctv from the cash machine he supposedly used? im not sure what can be asked for and i woulda thought he would have given it to the prosicution as proof he had money if he didnt have anything to hide.

[Oakadin]

look im not gonna argue to much other that as i dont want to give to much info as im paranoid that people may get an idear of where it happend.

the forensics team found used drug raps and other things with his dna on and its on file.

they even drug tested me at first trying to say i was on stuff witch came back negative the next day.

i have an idear of whats going on just the stroke i had was on the left side of my brain witch makes it very hard for me to piece stuff togeather when written so feel free to talk very blunt i dont have the problem with talking just reading since.

but i am warry about discloseing alot on a public board but would be happy to if there is a pm function give alot more details from the actual file i have.

[Oakadin]

the hole bergulry part is the fact he says i stole 40 pounds of him(the ammount changes in 2 statements) but the fact is he never had any money to steal now in court they can push for how do you know this BUT i know this as 100% fact after being there when he was haveing phone conversations over the bedside phone to his now ex partner(i even lent him my phone to do it but its pay as you go....) 3 of HIS friends are willing to go to court and say yes i lent him money as thats the only reason i went round there to try and talk to him.

If it shows he didnt draw money out of the cash machine like he says then it shows he is lieing and uncreditable.

His whole story goes along the lines of he saw me draw money out the cash machine then came over to my place beat me up and stole the money.

this is why i would like to know if i can ask for his statement or the cash machine cctv to be checked as if it shows he did not draw money out that day then he is lieing.

[FredPuli43]

If you lent him £130 and did take £40 as alleged, it's arguable that you were merely taking back cash which he had refused to repay you; not the same cash but a sum representing part of what was owed, . In that case you would not necessarily be seen as dishonest and therefore taking it would not be theft, hence there was no burglary, aggravated or not. Just a thought.

[Oakadin]

problem is no money was taken at all i didnt even ask for any i guess that he slipping up will be the only way to prove it with out a bank statement as if we could get the judge to ask for that it will show he didnt draw any cash out in over a week.