Abh - First Time Offender/use Of Weapon - Please Help!

[luke5121]

Whole thing started with a random attack on me as exiting nightclub toilets, gang of 5, 2 of whom held me by the neck (on CCTV) - I mouth off and get kicked out. Outside the club I get rushed by the group again, I have bruises on my face, and they run away.

As my friend see's this he runs off towards them around a corner out of sight. I run behind (to initially prevent him getting beaten up), as I get round the corner he is hitting 3 of them with his belt, I take off my belt (I DONT KNOW WHY) - I was stupidly drunk and not myself at all!!!

I don't hit anyone except for a guy who is already on the floor - just once.

After being arrested and shown CCTV I have been charged with ABH Section 47.

I am absolutely petrified of what I've done to my life, University (I'm 20), girlfriend, I have never offended before - But I'm so scared of going to prison... But at the same time what I did was NOT right, and shouldn't be disregarded I know... Any advice of what to expect please?!

[luke5121]

Thanks again New Judge for your concise answer, it coincides with what the police were saying at the station and makes me feel more positive.. I have one other question though, does the evidence of them attacking me two times have anything to do with the outcome? As I suppose it can be perceived as provoked? Or are these two irrelevant?

JordyBoy - Yes you're right that would teach me a lesson, but hand on heart from what I've been through already I have learnt. This stupid behaviour is NOT what my life stands for, I have never done anything like that before and never will again. It was a celebration night for exam results and a friends birthday gone terribly wrong; with me not knowing my own responsibility in moderating.

[New Judge]

Your solicitor should ensure that the police disclose all the evidence they have relating to this incident. They have a duty to provide all the evidence they have including material they may not use in the prosecution. Your solicitor can then decide whether or not to bring this evidence to the court's attention.

[luke5121]

But should these 2 prior incidents help alleviate sentencing? like the 'Good Character' 'Single Blow' 'Remorse' factors do?

[New Judge]

They may certainly mitigate your actions luke. But the court will hear that instead of walking away you followed the group (I know it was to help your friend). Your solicitor will be best placed to decide how to proceed. Let him know all your concerns.

[luke5121]

Brilliant, thanks again. I will reply tomorrow with an update from my solicitor...

Majority of people are saying Fine and Low level community order is appropriate, however it's so hard to believe such a punishment could derive from initial GBH charges. However I've read cases where GBH cases resulted in Community Service purely because it was a first offence; I didn't know 'first offence' was such a big variable in the equation

[luke5121]

So I've been to speak to my solicitor. Due to her not having yet been able to assess all CCTV and the case, she was not able to give any opinions as to outcome. She did say due to the use of the weapon and me hitting the lad when he was down it increases the severity.

In terms of severity of injuries, the lad was in hospital until 11.30am (7 hours post-incident) and put on twitter 'Just got out of hospital, need lots of ice cream and sleep' - perhaps this indicates he's not that bad?!

She did however say that on the day of my Magistrates Court date, they will assess me as a person. Along side the lack of pre-meditation and prior provocation my remorse and good character with everything I have going it will definitely work in my favour. Even if custodial sentence was deemed perhaps necessary they would look at would it be appropriate to jeopardise my educational future as so.

Despite this positivity, I still cannot but worry about what I've done to my life if prison is on the cards...

[mackfender]

"Lots of ice cream and sleep" would suggest a mouth injury and poss a lack of sleep in hospital. Poss a swollen mouth where your friend socked him. Was there any mention of your friend in the proceedings at all ?. How come you were arrested on your own. Did the others involved in the initial attack just disappear ? . Surerly they were seen on the first cctv footing..
Easy for me to say, but I think you are worrying needlessly as previousl replies all seem to favour a non custodial sentence. Take care ....

[luke5121]

We were both arrested, they didn't ask me too much about him because I cant account for his actions. However, him attacking wasn't provoked and he ran off whilst taking off his belt which shows intentions - his case is completely different.

In my case there is a huge sense of provocation. And when I ran after my friend who was chasing them I didn't take off my belt till later on (lack of premeditation). The only thing is I am unaware of where I hit him so his most fatal injury could of been from me whilst he was down.

As for the others, I think one or two may have been arrested. I have just come from the police station now to finalise my counter allegation and to provoke more investigation which will be used in court. The police officer did seem rather reassuring for me though.

Thanks for the reassurance mack, however I'm sure you can understand the slight scare factor of ruining university and essentially the rest of your life!

[Mike25]

You must have given them a beltin lol. No chance of jail though or the prisons would be fuller (they are full already)! You will get a record though.

[Mike25]

If you wreck uni it wouldn't be the end of the world (drama) it may be a blessing, only time will tell!

[Jay2511]

Hope everything works out for you. I was up for abh this year . Worst 6 months of my life. Pleaded guilty excepted responsibility and thankfully got a suspended sentence . CCTV helped me in the end , I also attacked some one while down on the floor. Big mistake . Learnt from it though, how have things gone for you ?