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GBH Section 18 - In court on Monday for trial, need some advice
I was charged with GBH after a fight with my boyfriend. We both had injurys and had to be stitched, nothing life threatning.
He had been lying to me for 2 years about being married still and was cheating on me with his wife. When i found out he came home and we had a massive fight and that was the result.
His wife and sister both lied in their statement, as i spoke to them on the phone that night. Because of their lies i got charged and he never.
I really dont want to plead guilty as i never intended to hurt him, it all happened so fast and now they are trying to make me out to be some kind of nutter,
Is there anyway they will lower the charge to something else? How would i get this done?
Any help would be gratefully received
He had been lying to me for 2 years about being married still and was cheating on me with his wife. When i found out he came home and we had a massive fight and that was the result.
His wife and sister both lied in their statement, as i spoke to them on the phone that night. Because of their lies i got charged and he never.
I really dont want to plead guilty as i never intended to hurt him, it all happened so fast and now they are trying to make me out to be some kind of nutter,
Is there anyway they will lower the charge to something else? How would i get this done?
Any help would be gratefully received
Answers
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Cuts simply requiring stitches usually lead to a charge of 'ABH' rather than GBH. See paragraph 46 here:
http://www.cps.gov.uk...he_person/#P189_14382
For a prosecution for 'GBH' to be successful, the type of injuries referred to in paragraph 55 would need to have been sustained.
To see the type of things which can result in 'with intent' being added to a GBH charge (taking it from Section 20 to Section 18), read paragraph 65.
Your barrister will have that same information available to him. By examining the CPS's case, he will be able to see whether it's worth trying to get the charge reduced. If he thinks that it might be possible he will probably approach the CPS barrister to indicate that you'd plead guilty to an ABH charge if the CPS would withdraw the Section 18 one. Otherwise the judge might instruct the jury to consider the alternative charge.
The relevant sentencing guidelines are in this document:
http://www.sentencing...person_accessible.pdf
Those sentences refer to a first-time offender convicted after a trial. Previous convictions can push the sentencing higher. A guilty plea can see the sentence cut. (in the case of a custodial sentence that would be by up to one third).
Refer to page 13 for 'Section 18' (GBH with intent), page 15 for 'Section 20' (GBH) and page 13 for ABH.
Chris
http://www.cps.gov.uk...he_person/#P189_14382
For a prosecution for 'GBH' to be successful, the type of injuries referred to in paragraph 55 would need to have been sustained.
To see the type of things which can result in 'with intent' being added to a GBH charge (taking it from Section 20 to Section 18), read paragraph 65.
Your barrister will have that same information available to him. By examining the CPS's case, he will be able to see whether it's worth trying to get the charge reduced. If he thinks that it might be possible he will probably approach the CPS barrister to indicate that you'd plead guilty to an ABH charge if the CPS would withdraw the Section 18 one. Otherwise the judge might instruct the jury to consider the alternative charge.
The relevant sentencing guidelines are in this document:
http://www.sentencing...person_accessible.pdf
Those sentences refer to a first-time offender convicted after a trial. Previous convictions can push the sentencing higher. A guilty plea can see the sentence cut. (in the case of a custodial sentence that would be by up to one third).
Refer to page 13 for 'Section 18' (GBH with intent), page 15 for 'Section 20' (GBH) and page 13 for ABH.
Chris
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-- answer removed --
Hi
Thank you so much for your replies.
I have a solictor, although they are useless. However my barrister seems competent, i just dont have access to her. I have to go to my solicitor with any questions and they never get back to me.
This all happened 15 months ago and is only just being taken to trial.
My ex lied to the police in his statement, saying that i knew he was out with his ex all day (which is why i think they are saying its intent). In truth i found out 30 mins before he got home. He pushed me first and i ended up being knocked unconcious on the floor and when i came round we somehow ended up fighting again (its all very fuzzy).
He cut my arm with a knife and he had some cuts on his arms from where i cut him.
His wife and sister told major lies to the police, saying that i was going mad on the phone to them when i really wasnt. They both pretty much said identical statements too (as they were taken in the same house - my exs house, at the same time).
I havent been told anything about getting the charge reduced. The actual trial starts on Monday, if i speak to my barrister before i go in the courtroom, is this too late to ask them to reduce it?
I also have text messages from my ex admitting that his wife and sister lied (only just received them this week). Is it too late for them to be used as evidence?
Thank you so much for your replies.
I have a solictor, although they are useless. However my barrister seems competent, i just dont have access to her. I have to go to my solicitor with any questions and they never get back to me.
This all happened 15 months ago and is only just being taken to trial.
My ex lied to the police in his statement, saying that i knew he was out with his ex all day (which is why i think they are saying its intent). In truth i found out 30 mins before he got home. He pushed me first and i ended up being knocked unconcious on the floor and when i came round we somehow ended up fighting again (its all very fuzzy).
He cut my arm with a knife and he had some cuts on his arms from where i cut him.
His wife and sister told major lies to the police, saying that i was going mad on the phone to them when i really wasnt. They both pretty much said identical statements too (as they were taken in the same house - my exs house, at the same time).
I havent been told anything about getting the charge reduced. The actual trial starts on Monday, if i speak to my barrister before i go in the courtroom, is this too late to ask them to reduce it?
I also have text messages from my ex admitting that his wife and sister lied (only just received them this week). Is it too late for them to be used as evidence?
It's never too late to ask your barrister anything but, if she's any good at her job, she should already have investigated the possibility by speaking to the CPS.
I'm astounded that your solicitor hasn't called for a 'conference meeting', where you would have been able to speak directly to your barrister (with your solicitor also present).
I'm astounded that your solicitor hasn't called for a 'conference meeting', where you would have been able to speak directly to your barrister (with your solicitor also present).
I had a conference with my barrister last year, April time. She seemed very professional and was quite reassuring that she didnt think i would be found guilty. However i feel like i cant take the risk of being sent to prison if i can plead guilty to a lower charge as i have always admitted causing the injury, just not intentionally.
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