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Gbh help
My boyfriend has court in a few days. Hes been charged with Gbh but it was without intent.
I need help on figuring on what can happen. I'll explain what had happened.
My boyfriend had his two mates around and they were painting. But the one boy I'll call "J" was annoying and being cheeky. My boyfriend told him to get out of his house. J said no. So he carried on being cheeky my boyfriend tapped him across the back of his head and J had rushed up and grabbed him by the throat. My boyfriend had gone into the room to get a drink before he was coming to bed with me. So as J had him around the throat and pushed my boyfriend into the door and my boyfriend had a reflex and hit him with the glass drink J had a cut across the head. My boyfriend did phone the ambulance, the police came along and took him.
The J and the other mate i'll call "T" went to the hospital, but T had told J what to say and write in a statement. They've lied and T got caught lying saying it was a glass bottle.
But now the court is going to decide if it was with intent or not? I dont get that.
My boyfriend is pleading self defence, since it was. My boyfriend does have a solicitor.
I will add that the police wouldnt take my statement because i wasnt in the room, but i had seen it happen since the door was open and they were by the door.
They also then said they took my statement asking me questions in the car. There was only 3 questions?
And will T statement become invalid cause of lying or can they take out that part and use it as valid?
Help on what can happen please and what i can do?
I need help on figuring on what can happen. I'll explain what had happened.
My boyfriend had his two mates around and they were painting. But the one boy I'll call "J" was annoying and being cheeky. My boyfriend told him to get out of his house. J said no. So he carried on being cheeky my boyfriend tapped him across the back of his head and J had rushed up and grabbed him by the throat. My boyfriend had gone into the room to get a drink before he was coming to bed with me. So as J had him around the throat and pushed my boyfriend into the door and my boyfriend had a reflex and hit him with the glass drink J had a cut across the head. My boyfriend did phone the ambulance, the police came along and took him.
The J and the other mate i'll call "T" went to the hospital, but T had told J what to say and write in a statement. They've lied and T got caught lying saying it was a glass bottle.
But now the court is going to decide if it was with intent or not? I dont get that.
My boyfriend is pleading self defence, since it was. My boyfriend does have a solicitor.
I will add that the police wouldnt take my statement because i wasnt in the room, but i had seen it happen since the door was open and they were by the door.
They also then said they took my statement asking me questions in the car. There was only 3 questions?
And will T statement become invalid cause of lying or can they take out that part and use it as valid?
Help on what can happen please and what i can do?
Answers
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T just came back from Sweden. Hes lied more times then hes lived. And i'm not even lying about tapped, J took it more serious cause he was trying to be tough infront of T.
Heres an example of why a drinking glass and a glass bottle is different. Glass bottle is bigger and is heavier. Drinking glass is smaller and thinner
Heres an example of why a drinking glass and a glass bottle is different. Glass bottle is bigger and is heavier. Drinking glass is smaller and thinner
(2-part post):
You've got me confused but I'll try to put some order into things.
1. You've written "But now the court is going to decide if it was with intent or not? I dont get that".
I assume that your boyfriend has been charged under 'Section 18' (GBH with intent) but that the jury will be invited to return an alternative verdict under 'Section 20' (GBH).
2. You've written "J had a cut across the head".
A cut does not normally constitute 'GBH'. Even if it requires stitches it only amounts to 'ABH'. It would have to be life-threatening, or at least requiring a transfusion, to count as 'GBH'.
In relation to both of those paragraphs, see paragraph 46 of this document to read what constitutes 'ABH':
http://www.cps.gov.uk...s_against_the_person/
Then scroll down to paragraph 55 to see what takes an assault into the category of 'GBH'. Lastly, see paragraph 65 for an indication of what adds 'with intent' to a 'GBH' charge.
You've got me confused but I'll try to put some order into things.
1. You've written "But now the court is going to decide if it was with intent or not? I dont get that".
I assume that your boyfriend has been charged under 'Section 18' (GBH with intent) but that the jury will be invited to return an alternative verdict under 'Section 20' (GBH).
2. You've written "J had a cut across the head".
A cut does not normally constitute 'GBH'. Even if it requires stitches it only amounts to 'ABH'. It would have to be life-threatening, or at least requiring a transfusion, to count as 'GBH'.
In relation to both of those paragraphs, see paragraph 46 of this document to read what constitutes 'ABH':
http://www.cps.gov.uk...s_against_the_person/
Then scroll down to paragraph 55 to see what takes an assault into the category of 'GBH'. Lastly, see paragraph 65 for an indication of what adds 'with intent' to a 'GBH' charge.
3. You've written "the police wouldnt take my statement . . . ".
If you believe that you can give evidence in court, to help your boyfriend's defence, you should contact his solicitor a.s.a.p.
4. You've written "My boyfriend is pleading self defence, since it was"
A court will normally won't accept 'self defence' as a justification for an assault unless it was clearly the absolute minimum course of action available to the defendant, which could ensure his own safety. It's also unlikely that such a plea would succeed if the defendant had initiated the sequence of events which led to the assault. (i.e. "my boyfriend tapped him across the back of his head").
5. If convicted, your boyfriend will be sentenced in accordance with this document. (A judge is only allowed to deviate from it under very exceptional circumstances):
http://sentencingcoun...person_accessible.pdf
See the tables on pages 13 (GBH with intent), 15 (GBH) and 17 (ABH). The sentences there refer to a first-time offender who is convicted after a trial. An early guilty plea can see sentences cut by one third but previous convictions can lead to higher sentences.
Chris
If you believe that you can give evidence in court, to help your boyfriend's defence, you should contact his solicitor a.s.a.p.
4. You've written "My boyfriend is pleading self defence, since it was"
A court will normally won't accept 'self defence' as a justification for an assault unless it was clearly the absolute minimum course of action available to the defendant, which could ensure his own safety. It's also unlikely that such a plea would succeed if the defendant had initiated the sequence of events which led to the assault. (i.e. "my boyfriend tapped him across the back of his head").
5. If convicted, your boyfriend will be sentenced in accordance with this document. (A judge is only allowed to deviate from it under very exceptional circumstances):
http://sentencingcoun...person_accessible.pdf
See the tables on pages 13 (GBH with intent), 15 (GBH) and 17 (ABH). The sentences there refer to a first-time offender who is convicted after a trial. An early guilty plea can see sentences cut by one third but previous convictions can lead to higher sentences.
Chris
Bottle and glass
oh come on all you pub goers, bottle - you hold it by the necky thing and clunk the fella, or hold itby the neck and smash it and then smash it into someone's face - that second bit is really bad by the way
and a glass, you push it into the fella's face.
I always worry about eye injuries in these cases.
In my pub, the glasses are covered with sticky sided foam - the sticky side of the foam is stuck to the glass in case that is not clear.
Transfusion - eek - you need to lose around 1000 ml for one of those
Trust in your solicitor - you have done the right thing in hiring one
now do as he says !
T's statement will be admitted, although obviously your solicitor will have something to say about his lying in cross examination.
oh come on all you pub goers, bottle - you hold it by the necky thing and clunk the fella, or hold itby the neck and smash it and then smash it into someone's face - that second bit is really bad by the way
and a glass, you push it into the fella's face.
I always worry about eye injuries in these cases.
In my pub, the glasses are covered with sticky sided foam - the sticky side of the foam is stuck to the glass in case that is not clear.
Transfusion - eek - you need to lose around 1000 ml for one of those
Trust in your solicitor - you have done the right thing in hiring one
now do as he says !
T's statement will be admitted, although obviously your solicitor will have something to say about his lying in cross examination.
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