gbh

[chrisSellars]

im been acused of GBH but wat i done was self defence in my eyes, some bloke dicided to punch my girlfriend in the face so i acted instinctly and punched him repetedly and ended up bracking his jaw, nose and cheek bone. im in the army but im getting out very soon, do you think im goin to get in alot of trouble?? HELP PLEASE!!!!!!!!!!

[Englishbird]

Show remorse for your actions if it gets to court, your solicitor should make the case for self defence/ protecting your girlfriend. You say accused, have you actually been charged? Do you have witnesses that will collaborate your story, other than your girlfriend? I would try not to worry about it too much, it could have affected an army career, but you say you're coming out soon anyway.

I don't advocate violence, and we only have your side of the story, but i do understand that sometimes it is inevitable.

Again, a solicitor should be able to tell you exactly what to do - maybe your girlfriend should press charges for the assault on her - did she go to hospital? is there any record of her assault? However, going to court is lengthy and stressful.

I do wish you luck, but next time think twice eh x

[massbags]

There are always ways and means of stopping him taking it to court, not particulary legal but effective.

[massbags]

Is your missus doing him for assault against her?

[january_bug]

Chris - I'm sure you have the intelligence to ignore post 18. for god's sake don't go and beat the guy up to "persuade" him not to go to court. This isn't Eastenders, this is real life... as well you know! The best thing you can do now, is to keep your head down, get a lawyer, probably plead guilty, show that you're sorry and say you'll never do it again, and then accept the sentence (assuming your lawyer feels it's fair). Oh, and you'll do well to ACTUALLY not hit anyone again either.

It maybe wouldn't hurt if your girlfriend independently got him done for assault, but try not to be seen to have convinced her to do it, just to screw over the guy who's got the police to take you to court for hitting him!!!

Please please please post to say that you've read this advice and that you're not going to go after the guy and hit him again!! I know you won't but please just confirm this for us! :-)

[january_bug]

CHRIS - READ THIS FIRST!!!

Obviously I meant to ignore post 19 - massbags first post!!!! It's Friday afternoon so I can't count anymore.... durrr!

[Andy008]

The law states you are allowed to use "reasonable force" in such a situation. You seem to have done this bloke some serious damage. Sadly, having spent some time in the TA myself, that you are a soldier will not help your case. Reasonable would have been whatever was necessary to neutralise the situation.

Two years ago the police arrested me on suspicion for a similar incident due to a mistaken ID, whereby someone was hit over the head with a piece of scaffolding. I was later released without charge. In Hampshire where I live, 7 people have died in drunken violence as a result of sustaining single blows to the head.

After a lot of thought, in hindsight I can see the officers who arrested me were doing their job, nothing more or less.

These things happen and people, myself included have got to realise life is not fair.

A sad fact of the drinking culture in this country is that these incidents happen. Although too late now, for future reference if you are arrested for anything it's absolutely vital to keep your mouth shut. You're not obliged to say anything, so don't.

[Andy008]

How people view these incidents depends always on which side of the fence you are sat at any given time. Setting out on a night-out, no-one expects to get into trouble with the police, it is always something that happens to "other people". What's done is done, but your girlfriend having been assaulted, you should have called the police and reported it. It sounds like the club you were at was a bit of a dive - you know where the trouble is, so stay away from such places. The trouble being that towns like Guildford, where I grew up, are packed full of squaddies at weekends looking for trouble.

You say you are due out of the army, I think that's a very, very good idea.

[Ward-Minter]

chris, take my advice on this please. If this danny character is a lawyer i am the king of england. And guess what, I am not.

If the CCTV shows the "indecent assault" on your bird then you can use force to "prevent crime" aswell.

Just learn section 3 of the Criminal Law Act, its only 3 or 4 lines long. I am sure if you ask Jan Bug nicely she will submit it to you.

PS What does blingingly actually mean Mr Fake Lawyer Man?

[january_bug]

Ward-Minter - I don't mean to sound rude, but if you're offering help, why don't you just quote the to Chris's mate.

No offence chris's mate, but I'm guessing you don't have a criminal law library in your house, and that it would be easier for you if someone just posted the line. :-)

Seeing as how I'm trying to be nice, I'll google it and post it up for you. I don't get Lexis and Westlaw anymore WM, as I'm no longer a student. How do you get them?

[january_bug]

Hang on WM - which one is the Criminal Law Act? There isn't one on record for England & Wales that I can find.

There's the Criminal Justice Act 2003, but s.3 of that doesn't seem relevant here.

WM - please quit showing off and just tell us what you're talking about. :-)

[Ward-Minter]

Found it JB.......

Criminal Law Act 1967, s.3
Use of force etc.

3. - (1) A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.

[Andy008]

Erm....but Ward-Minter, England doesn't have a king? (yet)

[bernardo]

Your description of what you did is directly contradictory to your claim that you acted in self-defence. The answer to your question is yes, I do think tht you will be in a lot of trouble, and that you will deserve it. My advice is to plead guilty to assault, and stop moaning.

[january_bug]

bernardo - on a technical (and totally petty) point, he needs to plead guilty to GBH, not the lesser charge of assault. (Just to make it clear for Chris's mate!)

GENERAL POINT - guys, this person posted on his mate's PC and probably isn't checking back to the thread anymore! D'oh!

[stevie21]

Sounds completely and utterly beyond self defence. You got into a fight with him. With your training, restraining the guy would have shown that you were interested in defending yourself and your girlfriend.
Punching him repeatedly, even if for only 6 seconds isn't self defence.

I'd say you're guilty.

[dannydingbat]

Ward-Minter (or is it munter?) As I look at my Law Society Practising Certificate for the current year, I am wondering what part of my extensive training and knowledge I should blind you with. Mens rea? Actus reus maybe? Maybe the M'Naughten rules? Section 3 of the 1967 Act has been correctly reported but there are two circumstances in which the use of force will be reasonable. If the actual force used is reasonable and if the use of some force is necessary. There is a whole list of cases which may be of benefit, including R. v. Bird 1985 and R v. Martin 2000 There are other matters which no one on this forum can advise on, especially the view on reasonableness which may arise from the physical characteristics of the perpetrator (R. v. Martin) as we don't know what he looks like. I could take you through my five years of articles and my 17 years of practice but, what the heck!! I was perfectly able to advise this individual with his problem but chose not to - he clearly could not be helped if he felt that what he did was self - defence. He does not realise that we all live life subject to rules which, for some reason, did not apply to him. Perhaps he needs to learn from this episode. Oh, and he's not paying me. After all, I would like the dark windows in my next Merc!! Not bad for a "fake lawyer man" By the way, how is life as "the King of England"

[january_bug]

danny - WM did the CPE... you can't compete with that mate!! LOL :-) ;-)

[Ward-Minter]

as i said a fake lawyer

as i said a fake lawyer

very good at google searching though

very good at google searching though

thought i would repeat everything

thought i would repeat everything.

But alas, tinted windows are now illegal

But alas, tinted windows are now illegal.

What a knob cheese.

[tigga]

Short and sweet im afraid, the courts frown heavily on people taking the law into their own hands and your case doesnt look good, as said earlier it doesnt account to self defence, the only consolation is that you did absolutely what was human, every person i know would have done the same.