Sunday Express Skeleton 3Rd November
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gbh
13 Answers
my ex has recently been charged with 2 gbh with intent sec 18 and continuation of harrassment sec 4 (17 offences) and was on probabtion (.for being found guilty for common assault and battery on me in 2005)while these attacks happened
i reported more but the cps have come up with those charges ..
he was in magistrates court and no plea was taken as it was reffered to c court i have been told because of severity of charges etc and one of the attacks was when i was 7 months pregnant .
im not proudof having stayed with him and want the right punishment for him so bearing in mind the probabtion and charges are a jury likely to find him guilty
. i also have 20 pictures and 10 statements from pple who not necessarily saw him do these things but saw what he done if that makes sense
im worried about the whole court business and have been told he may still put in a guilty plea in c court but im worried thejury wont find him guillty and he will get away with it because he is very good and coming acroos as innocent and gives a lok and pulls the wool over
please can you help i know itall a waiting game but with all my evidence are a jury more likely to convict ?
i reported more but the cps have come up with those charges ..
he was in magistrates court and no plea was taken as it was reffered to c court i have been told because of severity of charges etc and one of the attacks was when i was 7 months pregnant .
im not proudof having stayed with him and want the right punishment for him so bearing in mind the probabtion and charges are a jury likely to find him guilty
. i also have 20 pictures and 10 statements from pple who not necessarily saw him do these things but saw what he done if that makes sense
im worried about the whole court business and have been told he may still put in a guilty plea in c court but im worried thejury wont find him guillty and he will get away with it because he is very good and coming acroos as innocent and gives a lok and pulls the wool over
please can you help i know itall a waiting game but with all my evidence are a jury more likely to convict ?
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There are few rules of thumbs regarding juries.
To be honest, if I was the accused I would always opt for crown court. To put the seed of doubt in just three jurors will be easier than fooling a magistrate (or up to three mags) who see the same thing day in day out.
However, EVERYONE thinks they are good at lying if going not guilty. To fool you is a very different thing to fool jurors who are there for the sole purpose of looking at the facts.
If the evidence is there from your witnesses, medical evidence, police evidence and most importantly your own testimony, then there is no reason why he shouldn't be found not guilty.
If he does get away with it, that is the nature of the beast re English law, I am afraid. Terrorists and murderes get off sometimes.
On the plus side, domestic violence is taken very seriously nowadays as opposed to 5 or so years ago. The police file would have been compiled by Doemstic Violence specialists as opposed to just CID or plod and hopefully your witnesses are independent to the case.
Good luck. I despise men who hit women and if he does get off scot free, lets hope he gets cancer of the face and dies in agony whilst screaming for his doubt putrid mother.
To be honest, if I was the accused I would always opt for crown court. To put the seed of doubt in just three jurors will be easier than fooling a magistrate (or up to three mags) who see the same thing day in day out.
However, EVERYONE thinks they are good at lying if going not guilty. To fool you is a very different thing to fool jurors who are there for the sole purpose of looking at the facts.
If the evidence is there from your witnesses, medical evidence, police evidence and most importantly your own testimony, then there is no reason why he shouldn't be found not guilty.
If he does get away with it, that is the nature of the beast re English law, I am afraid. Terrorists and murderes get off sometimes.
On the plus side, domestic violence is taken very seriously nowadays as opposed to 5 or so years ago. The police file would have been compiled by Doemstic Violence specialists as opposed to just CID or plod and hopefully your witnesses are independent to the case.
Good luck. I despise men who hit women and if he does get off scot free, lets hope he gets cancer of the face and dies in agony whilst screaming for his doubt putrid mother.
Under the normal court processes, the fact that your ex was on probation can't influence the jury either way because they can't be told about. Normally the prosecution are not allowed to make any references to previous convictions.
However, it's possible that the Crown Prosecution Service might make an application to the court under the 'propensity' rules. If the CPS can convince the judge that your ex's previous convictions show a propensity to commit the type of offences with which he's currently charged, the judge can rule that his previous convictions can be made known to the jury. (When these rules were first introduced, they were used almost exclusively in relation to sexual offences. However, the CPS has increasingly been successful in making 'propensity' applications in respect of physical violence).
Even without a successful 'propensity' application, it's worth remembering that (in order to save the public money) the Crown Prosecution Service will not take any case to court unless they believe that a conviction is likely. So, their experts have already decided that, in their opinion, there's sufficient evidence to convict your ex of these offences.
As Shadow Man indicates, jurors are unpredictable. Many of them will follow the evidence carefully and come to the correct conclusions. However, idiots like Cambus have their own (extremely alarming) system for determining guilt or otherwise:
http://www.theanswerbank.co.uk/Law/Question464 060.html
However, based upon what you've written, I would think that the CPS stand a very good (almost certain) chance of obtaining a conviction. Given your ex's previous convictions, I'd estimate that he'd receive a sentence in the range of 3 to 7 years imprisonment, with the upper end of that scale being more likely.
Chris
However, it's possible that the Crown Prosecution Service might make an application to the court under the 'propensity' rules. If the CPS can convince the judge that your ex's previous convictions show a propensity to commit the type of offences with which he's currently charged, the judge can rule that his previous convictions can be made known to the jury. (When these rules were first introduced, they were used almost exclusively in relation to sexual offences. However, the CPS has increasingly been successful in making 'propensity' applications in respect of physical violence).
Even without a successful 'propensity' application, it's worth remembering that (in order to save the public money) the Crown Prosecution Service will not take any case to court unless they believe that a conviction is likely. So, their experts have already decided that, in their opinion, there's sufficient evidence to convict your ex of these offences.
As Shadow Man indicates, jurors are unpredictable. Many of them will follow the evidence carefully and come to the correct conclusions. However, idiots like Cambus have their own (extremely alarming) system for determining guilt or otherwise:
http://www.theanswerbank.co.uk/Law/Question464 060.html
However, based upon what you've written, I would think that the CPS stand a very good (almost certain) chance of obtaining a conviction. Given your ex's previous convictions, I'd estimate that he'd receive a sentence in the range of 3 to 7 years imprisonment, with the upper end of that scale being more likely.
Chris
Thanks for your reply.
Yes, what the police refer to as 'evidence of bad character' is what lawyers refer to as 'the propensity rules'.
The Crown Prosecution Service can only apply for someone's previous convictions to be revealed to the court if they show that the defendant has a tendency (= 'propensity') to commit the type of crime with which he's charged. If, for example, your ex had been found guilty of hundreds of offences of fraud, burglary and stealing cars, the prosecution wouldn't be allowed to mention them in court. They can only introduce 'evidence of bad character' if the previous convictions are relevant to the current charges and they must seek the court's permission before doing so. Fortunately, from your point of view, it would seem likely that the court will grant the CPS application and permit the jury to know about your ex's previous history of violence.
Chris
Yes, what the police refer to as 'evidence of bad character' is what lawyers refer to as 'the propensity rules'.
The Crown Prosecution Service can only apply for someone's previous convictions to be revealed to the court if they show that the defendant has a tendency (= 'propensity') to commit the type of crime with which he's charged. If, for example, your ex had been found guilty of hundreds of offences of fraud, burglary and stealing cars, the prosecution wouldn't be allowed to mention them in court. They can only introduce 'evidence of bad character' if the previous convictions are relevant to the current charges and they must seek the court's permission before doing so. Fortunately, from your point of view, it would seem likely that the court will grant the CPS application and permit the jury to know about your ex's previous history of violence.
Chris
At the time I think I was a bit numb to be honest, it had been going on for 5 years and I nearly didnt care anymore. But I had my son and though 'NO! no way am I putting my boy through this'
To be honest I was very scared, I thought it would make it worse-getting him charged/sent to jail, but it didnt. Dont think it could have really gotten any worse.
I've been away from him for years now and I dont even hate him anymore, he is so unimportanmt to me I dont feel anything for him. I look back at that time and think "Dear God, what the hell was I doing there?" though at the time I was terrified of him.
The police (despite what people think) was brilliant, as soon as they can see you are serious and will go through with taking them to court they were a huge support. Womens Aid were brilliant too.
You'll get through this - honest. x x
To be honest I was very scared, I thought it would make it worse-getting him charged/sent to jail, but it didnt. Dont think it could have really gotten any worse.
I've been away from him for years now and I dont even hate him anymore, he is so unimportanmt to me I dont feel anything for him. I look back at that time and think "Dear God, what the hell was I doing there?" though at the time I was terrified of him.
The police (despite what people think) was brilliant, as soon as they can see you are serious and will go through with taking them to court they were a huge support. Womens Aid were brilliant too.
You'll get through this - honest. x x
i do already feel relief .but im worried about the whole jury thing it makes me think he will get off cos he good at manipulating ........i really hope heputs a plea in next time of guilty
cos surlyany solicitorwould recommend wouldntthey bearing in mind he wason probabtion while continuing to hurtm e etc ???sorry to winge
cos surlyany solicitorwould recommend wouldntthey bearing in mind he wason probabtion while continuing to hurtm e etc ???sorry to winge
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