Grevious bodily harm V Assault

[sangsom]

Hoping someoneout their can give me some informed adivce??

I had my jaw broken by a doorman and the PPS are supposed to be making a decision this week whether to prosecute(after having all the details for 18 months??) There is CCTV footage that i was standing innocently something like 14 witness statements. The polieman at the time told my solicitor "you have a clear cut case there" So if the PPS decide to prosecute what is the likelyhood that he will be prosecuted with GBH and what are the likely sentences if found guilty. And also havingwaited 2 years since theincident will I have to wait another matter of months for it to go to court.

4 plates in my jaw so I obviously didnt fall over - the guy claims he pushed me and denies hitting me. Still employed by the pretentious pub but I presume he would lose his job if found guilty. Thanks in advancefor any responses!!

[Sado]

Have a browse on this site
http://www.sheilapantry.com/fulltext/samples/o srd/ir0034.asp#sec4

[seatrout]

This seems to have taken an incredibly long time for a prosecuting decision to be made. If your jaw was broken as described then he could be charged with s20 GBH.

The sentence will vary depending on any previous history, whether he pleads guilty etc but on those injuries he could expect custody.

If convicted he will loose his licence to act as a doorman and wont be able to apply for a new licence for two years.

If the case has taken this long it may not be as clear cut as you think and he may go not guilty which could involve many months of waiting before it finally gets to court

[sangsom]

Seatrout? Thanks for your answer, didnt put to many details on incase i didn't receive a decent answer. The policeman dealing with it is fuming that the PPS have sat with the details so long and although he has no official complaint process he has escalted it to his bosses. So hopfully I will get a decision off the PPS this friday. Secondly the doorman involved avoided the police for ages, and when he finally came in he had a prepared statement and refused to answer their questions. Thirdly the cctv was "corrupted" and the police were only ableto get stills but employed a specialist to try to recover the cctv. Female manager of the bar initially refused to give the police the cctv until she was reminded it was now a criminal matter,the area manager for the pub chain drove for 8 hours to take repsonsibility with the police. Any other wise words or opinions would be appreciated. Found this site a few weeks ago and will be checking it regularly so will keep you informed, cheers again

[seatrout]

I can see why its taken so long to make a decision. I am right in thinking that you are in Ireland ? If so then the law will be different although the general principles are the same.

I imagine that the loss of the CCTV footage has troubled the prosecutor as it could result in the defence arguing that they cannot have a fair trial. If they decide to prosecute then the charge will be based on the severity of your injuries - and from what you say GBH would seem appropriate. I cant imagine he will admit it so you could be waiting some months before a trial date is fixed

It seems that the club staff will support his account so your witnesses are going to important - have they all made statements? Try and get as many as you can and keep in touch with the officer in the case he is your link with the PPS

[Didwot]

Although not strictly an answer to your question I woiuld like to remind youi that you have a civil claim for compensation for the injuries and losses that you suffered as a result of the assault, but that the Limitation Act requires you to commence any court claim within three years of the incident. If you have not already done so you should seek legal advice about such a claim right away, Do not wait until the criminal case is over as it may be too late. Such a claim can be brought against both the doorman and his employer.