Azes 2740: Can’t Work Out The Code...
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Been charged with GBH
Been charged with GBH recently.
Basically was in a bar, looking at some girl, The next thing I know their is some bloke in my face saying "shes nice isn't she" and i said "yea shes alright" he then said "thats my girlfriend" i said "you must be rich" he then said "na i have got a big d*ck" That was the end of that.
Few minutes later I see him talking to his mates and then he approaches me again and said "what the f**k are you giving it for" I thought he was going to hit me. So I hit him and left the bar.
2 weeks later The police are knocking on my door charging me with GBH. I knocked his 2 front teeth out. I am pleading self defence.
What are my chances of getting off, and if I do get sentenced what will I get.
I have been in trouble before common assault, assault on a police officer, drunk and disorderly.
Currently doing 240 hrs community service for common assault. Which won't help.
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bernardo, I think john20 is probably in enough trouble already without the additional burden of suspicious use of a logical fallacy. The government isn't declaring an amnesty on non sequiturs until April so it's okay to use them until then, at which point anyone seen or heard using one will be fined and forced to do community service, probably in the reading room of a local library. Until then, people can use them as often as they like, but as john20 has shown, the danger is that you could lose your teeth.
Do the police have any proof? Does the bar have security cameras? Do Police have the tapes? Is there any witnesses ? Doormen, bar staff etc ? This happened to someone I know & the case is going on from last year, case keeps getting adjourned due to technicalities. He thinks they haven't got enough proof & are hoping he just confesses. Just wondering what he'll do next time some guy looks at his girlfriend !!
<DIV>To be honest I would have understood him coming over to me if I had talked to his bird or touched her in any way. Plus I didn't know it was his girlfriend.
<DIV>
<DIV>But all I honestly did was look at her while she was dancing and the next thing I know he was in my face.
<DIV>
<DIV>Past record isn't going to help, but thats when I was drinking alot and didn't know what I was doing.
Is your version absolutely the truth john? I look at plenty of girls in bars, and have never been in a fight, or had anyone come up tom me looking for one. Why did he think you were 'giving it'? It doesn't sound like he was exactly passive himself, but is it completely true that this basically sprang out of absolutely no-where after only a few glances at a girl? In my experience the chances of this are slim. I'm surprised that your assault on a police officer didn't affect your last sentence for common assault, but as jno said, the courts get tired of seeing the same people not learning their lessons after being treated leniantly before. Perhaps you need the wake up call, but only you can change this violent aspect to your character
been thinking about your case some more. It doesn't look good, because of your record. If I were your lawyer, though, I could see some good signs, and I'd be trying hard to show why this time was different from former offences.
(a) just one punch. This suggests it wasn't a brawl, and you're not an out-of-control thug, but using minimal force.
(b) as Ward-Minter said, this doesn't actually sound very grievous. Scope for having the charge reduced?
(c) evidence? As already suggested, are there CCTV films or witnesses who can back up your story?
(d) regrets. You seem to be aware of where all this is leading you. There may be scope for seeking out anger management therapy now, rather than later. You need to find ways of avoiding these situations before they happen.
Anyway, if I was a smart lawyer, I'd be pleading not guilty and working hard on producing mitigating evidence. Might not work, but definitely worth a try.
John you may well be a really nice guy, of course none of us know that and therefore we should only look at the facts as you state them - just like a judge will.
Several things are clear in my mind.
It is not self defence, there is a case for a pre-emptive strike as it were but to take his teeth out because you believed he was coming on will not wash.
I do not see a jury giving you the benefit of doubt. ie you will get convicted.
Sentence is dictated by several factors. eg the charge - GBH is serious. Is there a history of violence - oh yeah! Is your track record just football type assault - sadly for you when the judge sees (as he will do from the very beginning) that you hurt a police officer I would suggest there is going to be some serious hand smacking approaching.
If the facts are as you say my advice is get an eloquent brief. Plead guilty with stacks of mitigation - judges like repenters. Say the minimum you need to and don't book any holidays for the next five years.
The best sentence you can receive John is to sentence yourself with a true intention of joining mainstream society from now on.
PS You can walk away.
