GBH with intent

[johnpoutther]

I had an altercation with a housemate's boyfriend, he took a swing at me and i graplled with him ,got him in a neck lock and took him to the ground.

I told him I would let him go and that he must calm down.

He went upsatirs ,got a knife and came back down stairs and stabed me in the chest.I managed to get him out of room and closed the door.he was still trying to go for me.he was drunk and understandably enraged by my taking him to the ground in the first place. My question,am I guilty of anything by grappling with him in the first place,seeming as he took the first swing,and is this gbh with intent as he went away and willfully returned with a blade and stabbed me.Is being in a drunken rage any excuse, and should I drop charges as I did agrevate the initial confrontation?

[Buenchico]

First, let's examine whether your grappling with this guy could be (legally) regarded as self defence. Basically, whenever possible, the only form of self defence which is lawful is to remove yourself from the situation. (i.e. to run away). When this is not possible, you're entitled to use the minimum amount of force appropriate to the situation. (e.g. if possible, you should just push the attacker away from you and then run away). It's probable that the CPS would view your actions as lawful self defence as long as you were trying to use the minimal amount of force necessary to prevent injury to yourself and you didn't, for example, punch or kick the guy while he was in your headlock.

Before considering the 'intent' part of 'GBH with intent', it's necessary to consider whether the assault actually amounts to GBH. If the stab injury amounted to no more than a minor flesh wound, then a charge of 'ABH' might be more appropriate. See here to read the criteria which the CPS use when determining the appropriate assault charge:
http://www.cps.gov.uk/legal/section5/chapter_c .html
(There's no such thing as 'ABH with intent').

However, if the CPS decided that GBH is the appropriate charge, then fetching a weapon certainly constitutes 'intent', so a Section 18 charge would definitely be brought. (Again, see that link for the criteria used by the CPS).

Chris

[Peeler]

I agree with Buenchico regarding the intent of the attacker. As far as your actions go if you have a witness to support your account then even better. "Reasonable force" isn't defined and is always a worry but if the facts are as you have described then I wouldn't worry.

[johnpoutther]

Hi, Thanks for the answer, yes they're holding him for GBH with intent,I required 5 stiches. At first I thought of dropping charges as it was an argument gone out of control,but because he hasn't admitted liablity ,on advice of his solicitor, I am now reluctant to withdraw my statement, as it looks like I have something to hide. Also I could have been killed.

Thanks.