Should/can Cps Reconsider Charge??

[1ofmanyvictims]

I'm sorry to post on here again but more advice would be very much appreciated. I was victim of assault and the defendant has been charged with section 20. He pleaded guilty at magistrates and was due in crown 14th march. It's been put off as the judge requested proof that I've lost my sight (in one eye) as this information wasn't included in my medical reports. He now has this information and he's due to appear in court on 21st march. Should or can the cps re-consider the charge as they wouldn't have had the full details of my injuries when deciding on a charge of section 20??

[EDDIE51]

PP, yes I see the point but this was not a 'open and shut' case reguarding intent
If they had charged S18 a jury could have thought that the intent was not proved and returned a not guilty verdict, meaning he could have walked.

[1ofmanyvictims]

He hasn't got previous. I was out with my partner and he was with a large group of friends, two of them I recognised from spending time in prison. I've never seen or met him before. I think he probably assaulted me, thinking he would gain a reputation or even respect from his friends but admitted to being embarrassed when I defended myself, causing him to hit me with a "cheap shot" 20 minutes later. I do feel very frustrated but I don't think it's down to the medical team why the report didn't contain all the necessary information. Police obtained a report from the surgeon who operated on me but couldn't have requested one from the ophthalmology department!! The ophthalmologist did state that a huge amount of force is required to rupture the choroid. Also stated it would be difficult to cause all the fractures I had,with one punch.

[New Judge]

Having joined in your previous questions, 1of, I can see your frustration. My advice (for what it's worth as it's very easy for me to say) is to try to move on. You are not going to get the CPS to reconsider. In fact, in view of the conviction already obtained I don't see how they can.

One thing that may be worth considering is civil action for compensation for your injuries (if the criminal court awards none or a sum you consider insufficient). There is little doubt about liability but if your attacker has no money.....

[1ofmanyvictims]

Thank you new judge. I totally agree with you. I need to accept the decisions and move on. After court tomorrow, I'm sure it will be much easier to do this. I may consider civil action but I doubt very much he has the money. Thanks for the advice.

[Peter Pedant]

There is still the criminal inuries comp board innit
or has that gone the way of the world ?

If he has household insurance, you may be able to sue on that.
but you said he was living with his brother so the bro may have and not him

[1ofmanyvictims]

Thanks peter. I didn't know that so it's a something I could look in to. I'll let you all know the outcome tomorrow. Fingers crossed he gets what he deserves.

[1ofmanyvictims]

Finally some good news. He was sentenced to 30 months. Judge said his hands were tied as it was section 20. He said he had no doubt that he intended to cause harm. I was in the public gallery but got called to give evidence(didn't even have a suit on, very embarrassing!!) judge agreed that he believed I was only assaulted as he didn't like prison officers. My statement was exactly how it looked on CCTV. His statement was completely different and don't think it helped that he said in interview that I deserved it. Judge said no one deserves to be a victim of an unprovoked attack. I actually punched him 4or 5 times which the judge agreed was self defence. Justice at last!! Thank you very much to every one for your help,empathy and advice. FairPlay to new judge. Your advice was spot on. Thank you.

[black_cat51]

hello, , congratulations don't seem appropriate, but congrats anyway! Is that 30 months after the reduction?

[1ofmanyvictims]

Thanks black cat. He was given just under 4 years then they reduced it by a third for his guilty plea. 30 months so he'll probably serve 12-15 months and the rest on license. It's not enough but considering the charge, I'm happy. I was worried he would get a suspended sentence. The Judge seen everything the way I seen it. Can draw a line under it and move on now.

[Peter Pedant]

Good just seen this post
I trust it will allow you to move on

recollect criminal injuries if they are still around
your injuries rate as severe
I hope your orbital reconstruction goes well, and sight improves

and the civil case I was thinking about, - a woman walked in front of a bus and the driver was off with PTSR. Judge Russell allowed HIM to claim against HER household insurance. and as the insurance agents say: it is always worth bearing in mind.