Gbh Section 20

[ncs123]

Hi,

I have been charged with GBH section 20.

I was on a night out, as we left we found a girl who was crying. When asking her what happened she identified a man who has been abusive towards her. We stayed with the girl to ensure she was OK.

The man then started to be abusive and threatening towards us. The friend he was with eventually took him across the road but he continued shouting things over to us. We ignored him.

Eventually as we looked to leave the scene we crossed the road towards taxis and the aggressive guy walked towards us and right into my friend. My friend shoulder barged him out of the way and I have seen this coming together out of the corner of my eye. The aggressive guy then tries to hit my friend over the back of the head but misses and continues shouting and staring at my friend.

5 seconds later I hit the guy who tried to hit my friend as I thought there was a large chance of a second attempt at attacking my friend. Unfortunately, my punch broke his jaw which required surgery.

All of this is on CCTV. CCTV does not show the original girl crying or the guy shouting things at us.

I believe I acted in self defence (pre-emptive) towards my friend.

I am now unsure whether to plead guilty or go to trial by jury.

My barrister said the two problems are 1) there was a car acting as a barrier between my friend and the guy who tried to hit him when I threw a punch and 2) I've actively got closer to the guy I hit in order to throw a punch when I've said I found him aggressive and dangerous.

Please help!!

[ncs123]

Thanks, Peter Pedant. I feel more confident now that going to trial is the correct choice.

Obviously this situation is extremely stressful and a massive financial burden so I did consider a guilty plea just to know my fate and avoid the potential Legal Aid debts. However, I will continue on course with a not guilty plea and push for an acquittal.

[tonywiltshire]

If you believe you used the minimum force possible you should plead not guilty, as no crime has been committed but do take advice. Section 20 of the 1861 Act is punishable upon conviction by a maximum of 5 years imprisonment unlike section 18 where there is intent to do harm and can result in life imprisonment, the difference in terminology between sections 18 & 20 is important.

[ncs123]

I used the necessary force not the minimum as minimum (push, kick or tickle) would have been ineffective given the circumstances I was in. I threw one punch which I deemed sufficient and necessary.

I also felt the force used was not excessive but unfortunately it resulted in an excessive injury.

[Kais177]

Don't bleed guilty that will b silly if you can get the girl to explain what had happen you would be fine, if not just go in front of the jury and explain what happen and why you done what you done, maybe because you had a young sister or cusen who was raped/ abused not long ago and this effected you and you done what you done.