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gbh
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Recently i fight between myself and my uncle had broken out, first sarcastic remarks were made before he finally hit me, being 16 i wouldnt be able to match him in a fight. himself being in his 30's and been in court for smacking his younger child. what would have happend if i was to have rang the police and had him arrested?
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(Multi-part post):
Firstly, you'd have had to ensure that the statement you gave to police made it clear that your own actions were only in self-defence. For example if you were asked, "Why didn't you simply run out of the door?", and you answered, "Well he hit me so I was determined to hit him back" you might well have been arrested yourself.
If we can assume that you managed to convince the police that you were just an innocent victim, the question then arises as to what would have happened to your uncle. Your question is headed 'gbh' but you would need to have sustained some fairly serious injuries before such a charge could be brought.
If your injuries were no more serious than some, or all, of the following, your uncle would probably have been charged with Common Assault:
* Grazes;
* Scratches;
* Abrasions;
* Minor bruising;
* Swellings;
* Reddening of the skin;
* Superficial cuts;
* A 'black eye.'
Common Assault normally carries a maximum penalty of 6 months imprisonment (plus a fine) but most people convicted of this offence are usually just fined or given a community punishment. (However, if your uncle's previous conviction for violence was fairly recent, a sentence of, say, 28 days imprisonment might have been passed)
Firstly, you'd have had to ensure that the statement you gave to police made it clear that your own actions were only in self-defence. For example if you were asked, "Why didn't you simply run out of the door?", and you answered, "Well he hit me so I was determined to hit him back" you might well have been arrested yourself.
If we can assume that you managed to convince the police that you were just an innocent victim, the question then arises as to what would have happened to your uncle. Your question is headed 'gbh' but you would need to have sustained some fairly serious injuries before such a charge could be brought.
If your injuries were no more serious than some, or all, of the following, your uncle would probably have been charged with Common Assault:
* Grazes;
* Scratches;
* Abrasions;
* Minor bruising;
* Swellings;
* Reddening of the skin;
* Superficial cuts;
* A 'black eye.'
Common Assault normally carries a maximum penalty of 6 months imprisonment (plus a fine) but most people convicted of this offence are usually just fined or given a community punishment. (However, if your uncle's previous conviction for violence was fairly recent, a sentence of, say, 28 days imprisonment might have been passed)
If your injuries were more serious than those listed above, your uncle might have been charged with Actual Bodily Harm. Some of the types of injury which give rise to this charge are:
# Loss or breaking of tooth or teeth;
# � Temporary loss of sensory functions, which may include loss of consciousness.
# Extensive or multiple bruising;
# displaced broken nose;
# minor fractures;
# minor, but not merely superficial, cuts of a sort probably requiring medical treatment (e.g. stitches);
# psychiatric injury that is more than mere emotions such as fear, distress or panic.
The maximum penalty for ABH is 5 years imprisonment (plus a fine). If you're uncle had given you the type of injuries listed above, and been convicted of ABH, it's possible (taking into account his previous conviction for violence) that he might have been imprisoned for, say, 6 to 12 months.
Your uncle could only be charged with Grievous Bodily Harm (GBH) if your injuries were in this range:
# injury resulting in permanent disability or permanent loss of sensory function;
# injury which results in more than minor permanent, visible disfigurement; broken or displaced limbs or bones, including fractured skull;
# compound fractures, broken cheek bone, jaw, ribs, etc;
# injuries which cause substantial loss of blood, usually necessitating a transfusion;
# injuries resulting in lengthy treatment or incapacity;
# psychiatric injury.
The maximum penalty for GBH (unless it's 'with intent') is the same as for ABH but, obviously, the likelihood of a custodial sentence is higher and the lengths of such sentences are usually longer. (Typically around 2 to 3 years).
It's unlikely that a simple fight between an uncle and a nephew would result in a charge more serious than GBH but if, for example, your uncle kicked your head, it's possible that acharge of 'GBH with intent' could result. This, like attempted murder, carries a maximum penalty of life imprisonment. In practice, most sentences are around 4 to 5 years.
Much of this post is based upon this:
http://www.cps.gov.uk/legal/section5/chapter_c .html
Chris
# injury resulting in permanent disability or permanent loss of sensory function;
# injury which results in more than minor permanent, visible disfigurement; broken or displaced limbs or bones, including fractured skull;
# compound fractures, broken cheek bone, jaw, ribs, etc;
# injuries which cause substantial loss of blood, usually necessitating a transfusion;
# injuries resulting in lengthy treatment or incapacity;
# psychiatric injury.
The maximum penalty for GBH (unless it's 'with intent') is the same as for ABH but, obviously, the likelihood of a custodial sentence is higher and the lengths of such sentences are usually longer. (Typically around 2 to 3 years).
It's unlikely that a simple fight between an uncle and a nephew would result in a charge more serious than GBH but if, for example, your uncle kicked your head, it's possible that acharge of 'GBH with intent' could result. This, like attempted murder, carries a maximum penalty of life imprisonment. In practice, most sentences are around 4 to 5 years.
Much of this post is based upon this:
http://www.cps.gov.uk/legal/section5/chapter_c .html
Chris
Do you really want to see your uncle in court? I'm not saying you should sweep it all under the carpet, and that it doesn't matter, but what exactly did you say to start him off? There is no excuse for violence - and I'm not trying to put the blame on you - but perhaps you should think about acting more maturely around others.
This might all sound a bit harsh as I really don't know what led to this sad situation, and of course if your uncle is a violent person, then you deserve protection. But part of growing up is realising that your actions have consequences, and accepting responsibility for your own actions.
I'd keep out of his way in future : )
This might all sound a bit harsh as I really don't know what led to this sad situation, and of course if your uncle is a violent person, then you deserve protection. But part of growing up is realising that your actions have consequences, and accepting responsibility for your own actions.
I'd keep out of his way in future : )
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