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GBH section 20 allegations

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lonewolf999 | 10:59 Mon 15th Mar 2010 | Criminal
16 Answers
On Saturday night 2 weeks ago i got into a fight at the uni nightclub, a few lads were dancing around and shoving people, i nudged em back which led to some pushing between me and a group of 5-6. A barman seeing this came over and tried to stop the fight. A member of the group punched me so i threw one punch which hit the barman and broke his jaw, i was hit by the group several more times before the bouncers carried me away.
The barman who i hit has pressed charges and the police have charged me with GBH section 20, they gave me bail for a day and formally arrested me to interview me. In the interview room I told my solicitor what happened and he told me to tell the police the exact thing i told him. There was no CCTV in the nightclub, there are only two witnesses, the barman who got hit and a bouncer. I have given my friend as a witness who was standing next to me.
The police have granted me a months bail to further investigate the case by getting the bouncers statement, medical records for the barman and take my friends statement.
This is my frist offence, i am a uni student and am worried one punch could destroy my future career.
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Firstly

You say you have been charged with Sec 20 but then say you are on bail.

Have you been charged and are on bail to attend court or have you been released on (Part 4) police bail?
Question Author
sorry dont really know how to describe it, i havnt been charged however i have allegations of GBH section 20 and been given a months bail for the police to carry out the rest of the investigation
Ok well as you are aware the police will continue the investigation and hopefully the decision will be made by the time you return on police bail.

Did your solicitor give you any indication of the likely outcome?.
Question Author
he thinks we can get away with self defence, however if i do get charged he said a suspended sentence or community service due to it being one punch and my first offence.
Self defence is questionable on the facts you have disclosed but if that is the issue then that is a matter of law, which is usually left for the courts to decide. Self defence is not as straight forward as people believe.

However, for you to be charged there has to be sufficient admissible evidence for a prosecution to likely succeed in a conviction etc.
Question Author
well on the self defence, i was hit by someone else so swung back, the barman wasnt part of the fight and got in the cross fire.
This is the problem.
Question Author
how so?, because he wasnt part of the fight and got hit?
Because the barman has been unlawfully assaulted and sustained a serious injury.

The nudging between the two groups need not of escalated, you have to ask yourself 'could I have walked away'. This would be the most basic test applied by the investigator/s and the decision makers (Crown Prosecution Service).

Does your solicitor believe you have acted in self-defence.

(sorry for the short answers)
Question Author
my solicitor thinks i acted in self defence and said thats what we'll go with
Question Author
also i might add, i wasnt part of a group that was pushing, 5-6 guys were pushing me alone.
Could you have walked away from the nudging between the two groups.
Hitting an innocent person is not self defence.
Question Author
"Hitting an innocent person is not self defence" so i should have let the guys beat me and not punched back incase i hit an innocent person in their group?
no, you should have absented yourself from the situation. However "shoula woulda coulda" is no use to you now. Be guided by your legal team, this is after all what you are paying them for. You will only either scare yourself silly or get false assurance on here (or both!)
i no someone who was playing football and a goal keeper on the other team said some thing to him so he went up to him and punched him and broke his jaw.hes got previouse convictions aswell but he got community service probation and got go on a anger management course.so i dont think you will go jail m8 unless it goes to trial and you go not guilty and get found guilty.the earlier the plea the better outcome m8.look it up on google just type GBH and go on the law site it gives you guidelines of the outcome

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