Realistic Chance Of A Prosecution Or Not?

[mrs_overall]

Scenario: at a wedding reception a male guest has thrown a female guest over his shoulder and she is screaming. The best man tells the male guest to behave himself. The male guest then picks up the best man, throws him up in the air and he lands on his head and sustains a broken neck. The best man will never fully recover - he can walk with difficulty but has no use of his arms and hands.
When the police interviewed the male guest he said he had no recollection of the incident. There are dozens of witnesses.
The file is now with the CPS.

[murraymints]

Yes ....GBH I'd say...

[murraymints]

Ignorance is not excusable in the eyes of the law..neither is forgetting....he says so ...Well he would wouldn't he ? ..

[mrs_overall]

I have read up on GBH and it seems fairly clear cut to me but the police have told him there was no intent, only recklessness, which the CPS may not be happy about.
I guess it is now a waiting game

[murraymints]

If the victim wishes to pursue..I'd say he has a case..especially if compensation is being sought.criminal injuries board will need a conviction...any insurance companies will be looking for that too probably as horseplay won't pay out....I think..

[murraymints]

I dare say the drunk driver didn't mean to kill that child ..right .?....but still gets done !

[mrs_overall]

murray, he has already begun a civil claim.
The law changed in 2012 regarding Criminal Injuries compensation. The assailant does not have to have even been charged with an offence for a claim to be made.
A claim for criminal injuries can be made up to 2 years after the incident and will "top up" andy civil claim

[mrs_overall]

andy? *any*

[murraymints]

That's something suppose...sure he'd run have his arms back in use!

[mrs_overall]

He would indeed murray. He was self employed in the building trade and will never work again

[Titehead]

GBH with intent, at least. Amnesia, the standard get out when doing something stupid whilst ratted, will not wash. He'll get 5-10 years.

[Orderlimit]

This is a tragic incident where the victim has sustained injuries consistent with GBH, however, from the information disclosed in your postings I would agree with the initial comment from the police regarding the issue of intent to commit GBH and that recklessness is a more probable and accurate assessment of this event.

To assist you, the two main offences that cover unlawful assaults resulting in GBH injuries are, Sec 18, and Sec 20, Offences Against the Persons Act.

Sec 18, is the more serious offence and is whats known as an offence of 'specific intent. Sec 20 is an offence of 'basic intent'. The basic difficulty with the Sec 18 offence is proving that the accused intended to cause unlawful and serious injury. The Sec 20 offence can be committed recklessly and therefore self-intoxication is no defence.

From your description, the accused has not disputed his involvement and the fact that he has told police he can not remember the incident is not a major issue. I would suggest any issues would revolve around whether this is considered an unlawful assault and therefore whether or not a criminal prosecution is in the public's interest to pursue (this is the second test whether of a there is a realistic chance of a prosecution, the first being an evidential test).

I will post a few links of the offences for you to read.

[Orderlimit]

http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/

[Orderlimit]

Summary of Basic intent & Specific Intent

http://www.lawteacher.net/criminal-law/intent-specific-basic.php

[tonywiltshire]

Even if the CPS decides not to take action, as you are aware there may be a civil remedy. Mrs O you appear well read and are probably referring to The Criminal Injuries Compensation Scheme, which commenced on the 27 November 2012 and can make substantial awards. I note you say a civil claim has been made and presumably the claimant has visited a Doctor and an experienced solicitor, as you correctly say it is not dependent upon the CPS taking action.

[boxtops]

How absolutely appalling - how not to remember your wedding. I imagine the male guest is now persona non grata....

[mrs_overall]

Thank you all for your replies

Boxtops - the assailant is in fact the grooms brother. They have closed ranks as a family and all say they saw nothing.
Fortunately about 50 other people did witness what happened

[boxtops]

I imagine too that someone called an ambulance - that's irrefutable evidence if they attended, they'll have it all on record.