abh

[trayc]

hi - i was assaulted in my home by my bro - in law - he gave me a good kicking - and he is getting charged with abh - but hes pleading not guilty - even though the police have photos of my serious black eye - do i need to get a solicitor?

[sara3]

you should always get legal representation when you can. you can get free advice from the CAB (hmmm..) or other welfare advisory body. there is Victim Support (the police should have advised you) and Witness Support (via the court). you may be entitled to Legal Aid but that's not an area I know much about.

you don't know what he's going to say in court in his defence, and a legal rep will know best how to handle the unexpected.

good luck to you.. S

[NORMANTHEDOG]

you dont need to get a solicitor, because if he is charged by the police, the CPS will provide their own solicitor to prosecute him on your behalf.

[trayc]

thankyou

[Buenchico]

Your brother-in-law might genuinely not be guilty of ABH. Yes, I know that it doesn't seem like it to you but I'm trying to look at it from the way that his solicitor (and the court) will do.

A black eye is consistent with a charge of 'common assault'. See section (vii) here:
http://www.cps.gov.uk/legal/section5/chapter_c .html#06

Someone is only guilty of ABH if they inflict more serious injuries, such as broken bones. See section (ii) here:
http://www.cps.gov.uk/legal/section5/chapter_c .html#09

It's likely that his solicitor will seek to show that your injuries only fit into the type shown in the first link, above. Conversely, the CPS solicitor will seek to show that they fit into the second category (possibly because they include 'extensive or multiple bruising').

I can see no purpose in you consulting a solicitor, since it's the duty of the CPS solicitor to try to obtain a conviction.

Chris

[Nhozu]

as above

he might be pleading the not guilty to ABH because usually black eyes don't interfere with the 'health and comfort' of the individual. harsh though it may sound.

He may still be found guilty of a battery however

[trayc]

well i had 3 stitches in my eye - which is still black ten weeks later - i had bruises on my face and the back of my neck , i also have muscle bruising on my neck - i think that this is serious enough to be classed as abh - he threw a glass at me also - my 3 year old daughter was in bed at the time. - if they say its not abh and he gets charged with common assault i'll be happy with that as he put my partner in hospital last year and nearly killed him - people like him need to be stopped they cant just hit out when they dont like the conversation. thanks for your advice

[Annlinda]

Should be treated as ABH, the mags may even feel that their sentencing powers are not great enough, if he knocked you to the ground and kicked your face causing the eye injury. The case may be heard by specially trained Magistrates in the Domestic Violence court. Whatever happens please don't bottle out of giving evidence,Victim Support are very helpful and should contact you. If they don't just ring the court and ask to be put in touch with them, they will accompany you to court and generally "hold your hand" Hope all goes well

[Nhozu]

It would be ABH. most likely because it broke the "continuity of whole skin" (thus needing stitches), and the extend of the recovery time. It would be a matter put forward to the jury, but in the light of your addition, it would be safe to say, most likely ABH.

Sounds like he maybe facing a hefty sentence (max. being 5yrs) if he has a history of violence, and committed such a violent assault, yet again.

Like above it is important for you to testify!!! You are the most important person in convincing the jury.