gbh charge

[gemwise12345]

my boyfriend is getting done for gbh cos he put this dude in hospital for 4 days but like it was self defence cos the dude was really drunk and started on him in the pub. but waited til he left to start on him. he's been bailed now for 12 weeks and nothings happened. but the thing is there's 4 witnesses saying that my boyfriend kicked him in the head even though he didn't. the bar staff are gonna give statements saying that the dude was really drunk and starting it all in the pub. what will my boyfriend get sentence wise?

[coyn]

gemwise, the person to ask this question of is your boyfriends solicitor, he knows the facts we don't, the fact that the man spent 4 days in hospital isn't a good sign.

[Zebulon]

coyn is right. Check with the solicitor. Problem that your boyfriend has is that having put the man in hospital crosses the line of "reasonable force" used in order to protect himself from the original assault. Does your boyfriend have witnesses that can counter the allegation that he kicked someone in the head? "reasonable force" is usually considered enough to stop the assault - maybe one or two strikes allowing you to escape from the assault - anything else means that you have crossed from defence to attack. Again, check with the solicitor.

[Drusilla]

If this chaps been in hospital for four days, then surely the medical reports will determine whether he was just beaten up or given a kicking. Your boyfriend's solicitor should be chasing up on that, but it doesn't sound good. In this day and age, four days is quite a time to spend in hospital. I once had surgery on my skull and was out next day.

[Andy008]

Like the squaddie who posted a similar message the other week, self defence means "reasonable force" i.e. that which is necessary to neutralise the situation - nothing more. When you say he has been bailed and "nothing's happened" he will have been bailed pending further enquiries. You make no mention of injuries to the aggrieved but that it is GBH not ABH is not a good sign.

An unfortunate fact of the drinking culture in this country is that these incidents happen. Although too late now, you know where the trouble spots are, so stay away from them. If you feel threatened call the police and let them deal with it. That's their job.

[Haggisdj]

A friend of mine was head-butted in the pub in 1989. He punched the guy twice, breaking his jaw. He was sentenced to 18 months because the judge said that the first punch was deemed as self-defense; the second punch, however, was not.

[Buenchico]

I provided some statistics on sentencing for GBH charges here:
http://www.theanswerbank.co.uk/People_and_Places/Questio n160440.html

We obvoiusly don't have as much information available as the court will have - in particular, we don't know whether your boyfriend has any previous convictions - but my guess would be a custodial sentence of between 6 and 12 months.

Chris

[luckystrike]

From what you have described, the drunk man started on your boyfriend in the pub.

By your boyfriend waiting until this man had left the pub, he has carried out a pre-meditated attack which will not be covered by self defence, as you boyfriend was not under attack.

I'm sorry to worry you, but I would expect that your boyfriend will do some time for this.

It would be wise to follow the advise already given and appoint a good solicitor.

And buy your boyfriend a 'soap on a rope' for Christmas!