Gbh Question

[bigxron]

if somebody punches and kicks a friend in a park...one witness who is a close friend of the victim said they saw the punch not the kick

the victim has bruises

there was a fourth person (ex bf) there who earlier argued and was angry at the victim

can the defendant shift the blame on the fourth person and say they did it

the victim has been to jail 26 times for various violence

what will the jury think and what would happen to the defendant

[bigxron]

the victim being family of the witness....doesnt help the defendant claim that they help each other?

two people besides the defendant and witness were there

the stories already dont match up....my friend could say they are lying...the truth is the ex bf was there while my friend left

that wouldnt help?

[EDDIE51]

ALL circumstances will be taken into account by the jury. The solicitors from each side will also talk to the jury and try to put their points of view across.
It is normal that some witnesses are also related to accused, the two sides solicitors will point this out to the court. It does not stop their evidence from being given. But it could affect how the jury view that evidence.
Forgive me if I am wrong, but I get the impression that your friend feels he should be regarded as not guilty because the victim is a criminal with a long history of violent offences.

[EDDIE51]

It is normal that some witnesses are related to the accused or the victim ^^
( sorry missed out 'victim')

[bigxron]

my friend feels he should get not guilty because there isnt enough evidence...also because the victim confirmed the ex bf was there at one point being aggressive....hes using the 26 thing to go against her and make the jury believe him

[EDDIE51]

As said your friend has two choices.
1 which I suggest, just plead guilty and take the courts verdict.
2 Plead not guilty and go for a full trial. ( which means all the witnesses will be summoned to court and be cross examined on their evidence)
Nothing you have said gives any actual evidence your friend can present to the court. Concerns about the witnesses are for the jury to decide.
There IS enough evidence to prosecute him or he would not have had his trial referred up to the high court!
Does your friend have a solicitor? If not he needs to get one urgently !

[New Judge]

"...my friend feels he should get not guilty because there isnt enough evidence."

But did he actually do it?

[bigxron]

@eddie so why didnt they sentence him in the magistrates and send him to the crown court

@judge he told me he didnt

[bigxron]

also it is category one

[EDDIE51]

You told is there were allegations of threats to kill. The magistrate obviously decided that pushed the offence out of their jurisdiction and sent the case to the high court.
There must be a lot more to this story than you have told us.
I repeat my answer of 21.01 yesterday GET A LAWYER . This is far too complicated to give advice on here!

[bigxron]

thats all he told me....he wouldnt keep stuff from me..ty for the help tho

[bigxron]

hey the guy i know (defendant) was stabbed earlier today and the attacker mentioned it was for the victim of the abh thing....the guy i know described the attacker as similar looking to the ex bf in the other situation

what happens now?

[bigxron]

the guy i know was with his friend at the time

[EDDIE51]

^^^ Your friend and the other person he was with make statements to the police, about the stabbing and tell them everything they can about the incident.
I assume the police are already involved with this new offence?

[bigxron]

they did call em...but how can this affect the other case?

[EDDIE51]

You say the 'new attack' was carried out by someone who said 'this is for the ABH thing' that ties the two incidents together, makes this look like revenge for the original assault. The two assaults are linked and all this must be put before the court when it comes to trial.

[bigxron]

but it was the ex bf who attacked the defendant this time....will this help the defendants case?