I am being charged with a section 20 and my trial date is four weeks away.

[paul2286]

After a night out with friends I call my girlfriend and ask if I could go to hers. She says yes, so I got a taxi to hers bringing with me the few bottles I had left from a carry out I had earlier gotten.
After being there for about 10-20 mins there is a knock at the window. I see it is here ex boyfriend who she has children to banging on the window. He is looking at me waving his arms about saying " come on lefts have it!". I went to the door with no intention of fighting but to tell police will be on the way and to go away. ( THE WORST THING I EVER DID ).

[cherrychapstick]

this is a hard one then as you don't know what your g/f has said to them,
remembering that she is scared of her ex and what he will do to her if she has said anything about him ,
i am going to give you the worst case scenario,she has told then you hit him with a bottle never mentioned that he pulled a knife on you 1st

the maximum sentence for a section 20 is 5 years

Up to five years imprisonment on conviction by jury trial or six months imprisonment and/or fine if dealt with by magistrates.

It is an offence to unlawfully and maliciously to wound OR inflict Grievous Bodily Harm with or without a weapon on any other person. Instances that amount to a charge of Wounding or inflicting GBH include permanent disability, broken bones, substantial loss of blood. Splitting of skin within the mouth is sufficient. GBH = serious bodily harm, not necessarily a permanent injury.

The section 20 part refers to the relevant section of the Offences Against The Person Act 1861.

[paul2286]

I have her statement in my advanced deps she doesn't say she seen me hit him or that she seen the knife. She seen him punching me and tryin to rip my cheek off and she said that she tried to get him off me. The funny thing is aswell she goes on to say that he there before I turnt up an that she told him to leave because I was coming down, he left but came back, and further into the statement she says one of the kids seen him " sniffing white dust off a cd case."

[cherrychapstick]

this is good now hopefully the case will be thrown out ,did you make a counter complaint at the time (did you get him charged)

[paul2286]

no i didnt but i still can i think. I don't know it getting thrown out because the police said that they didnt find the knife aswell though. My soliciter said that my arguement is that he has had time to go back an move it. He definitely had a knife.
On his statement he says that I had ran out of the house at him but the forensics show that the bottle is smashed inside the house not out side. Hopefully this will show how much of a liar he is.

[cherrychapstick]

I don't want to give you false hope here but the evidence is looking good in your favour by the sounds of it,so hopefully things will turn out good ,i really think your g/f should get a injunction out on her ex so he cannot come near the house at any time as he will be arrested straight away .

[paul2286]

She had taken him to court for criminal damage after him smashing her tv an her kids mobile phone up, which happened a week after the original incident. I think she has had that done but im not 100% as I cannot speak to her.

[cherrychapstick]

thats good ,hope everything turns out ok and in future don't go to the door ,keep your chin up and it will all be over soon ,remember and let us know how you get on as your outcome could help someone else in the same position

Good luck

Cherry x

[paul2286]

I will do Cherry thank you. Maybe it isnt false hope my family are giving me because you as a complete stranger (which is what the jury will be full of) reading all the facts i can provide you with and come up with that answer. You have made my day. But I am still going to be prepared for the worst just incase. Thanx and if there is anything I could help you with i'd be delited to.

[cherrychapstick]

your welcome, you can do 1 thing for me ...........take care!! that is all i ask
Cherry x

[ELVIS68]

Sounds to me you are innocent and did what anyone else would do, good luck and hopefully the nasty ex will get what`s due to him..a prison sentence

[paul2286]

Would you advise me getting him arrested then?

[ELVIS68]

Anything to save yourself, go for it

[cherrychapstick]

I would certainly ask your solicitors advice on this ,i am quite surprised the police didn't ask you if you wanted to get him charged it is worth a try

[sumo19]

Hi

it all depends on the evidence on what comes from the night's events. If he has these previous convictions, then it would seem that things were on your side, as he would have a history of violence and therefore self defence against this individual would seem believable.

However, you say you are being charged. This means that the police and crown prosecution service believe they have enough evidence to support a conviction.

If you were convicted then you would be facing, with a section 20, any term not exceeding 5 years in jail. But of course the maximum jail sentence is rarely used, and this is assuming you are convicted.

How long ago was the Drunk and Disorderly?

[paul2286]

my d and d was over five years ago.