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Whats Going To Happen To Me?
Hey i would like some questions answered about my query.
So here is the story, me and my friends were at a night club which suddenly my friend got hit by something or someone, i turned around seen him holding his head. I then retaliated and hit him with a glass jug, the jug smashed and I was kicked out by bouncers and arrested on the scene and taken into police custody. The other guy was not caught and fled. Cotton swab tests were done from the blood on my hands and i was interviewed (all my clothes were also taken) In the interview i explained the situation as stated above, as they probably witnessed me hitting the guy on CCTV with the blood on my hands. I am on police bail at the moment and must return to the police station fairly soon. This is my first offence with GBH w/intent, The victim fled and hasn't reported back to the police for the damages caused. I am 19 years old and a student, i was wondering what will happen to me? Prison? community service? a fine? thanks in advance. i am extremely worried and hope to gain some answers.
So here is the story, me and my friends were at a night club which suddenly my friend got hit by something or someone, i turned around seen him holding his head. I then retaliated and hit him with a glass jug, the jug smashed and I was kicked out by bouncers and arrested on the scene and taken into police custody. The other guy was not caught and fled. Cotton swab tests were done from the blood on my hands and i was interviewed (all my clothes were also taken) In the interview i explained the situation as stated above, as they probably witnessed me hitting the guy on CCTV with the blood on my hands. I am on police bail at the moment and must return to the police station fairly soon. This is my first offence with GBH w/intent, The victim fled and hasn't reported back to the police for the damages caused. I am 19 years old and a student, i was wondering what will happen to me? Prison? community service? a fine? thanks in advance. i am extremely worried and hope to gain some answers.
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The thing to do is admit your behaviour was inexcusable, no matter what the circumstances, you should not attack people with a dangerous weapon I.e. a glass jug. You could have killed the person.
Secondly, don't drink so much that you react to incidents in such a manner. It's not going to calm the situation, is it.
Pled guilty, you can't do anything else. Say you reacted like an idiot and hope.
Secondly, don't drink so much that you react to incidents in such a manner. It's not going to calm the situation, is it.
Pled guilty, you can't do anything else. Say you reacted like an idiot and hope.
Well if you thought of a career in the Armed Forces, Emergency Services, Civil Service, Accountancy, Law oh the list goes on you can forget about it.
GBH with Intent will hang over you for many a year.
My advice get a good solicitor who will fight your case, but expect to do time for what is a very serious offence.
GBH with Intent will hang over you for many a year.
My advice get a good solicitor who will fight your case, but expect to do time for what is a very serious offence.
Ummm, IF this is GBH with intent Section 18 , and from the description it is !, the Judge MUST pass a jail term unless there are VERY exceptional circumstances which the judge has to explain in open court.
There are no exceptional circumstances here , it is a 'run of the mill' case, the courts see cases like this every day. There is not even self defence as mitigation as it was not the op who was attacked it was his friend.
There may possibly be a chance of a 'plea bargain' where a lesser charge of GBH S 20 is offered in return for a guilty plea.
Someone would only be remanded to custody if the police think there is a chance they would not turn up in court or they were a continuing threat to others. That does not apply in this case, bail is the correct action.
The police do not decide on the charge that is up to the CPS , the police will collect evidence and present it to the CPS. When the defendant answers bail the police will tell them what charge the CPS have decided to make. The defendant will then be bailed again until the first court appearance which may not be for several months.
All in all mrnguy3n you must be prepared to spend a few years in prison.
There are no exceptional circumstances here , it is a 'run of the mill' case, the courts see cases like this every day. There is not even self defence as mitigation as it was not the op who was attacked it was his friend.
There may possibly be a chance of a 'plea bargain' where a lesser charge of GBH S 20 is offered in return for a guilty plea.
Someone would only be remanded to custody if the police think there is a chance they would not turn up in court or they were a continuing threat to others. That does not apply in this case, bail is the correct action.
The police do not decide on the charge that is up to the CPS , the police will collect evidence and present it to the CPS. When the defendant answers bail the police will tell them what charge the CPS have decided to make. The defendant will then be bailed again until the first court appearance which may not be for several months.
All in all mrnguy3n you must be prepared to spend a few years in prison.
jesus every one is having a go ....
first of all you wait and see - what you get charged with....
you cant influence this, so it is not even worth retaining a solicitor at this time
there are a variety of offences ( almost all Offences against the Person Act 1861 and a gew other acts ) and you just have to wait and see
if you havent been charged - then where did you get GBH c intent from ?
Once you do know the offence then you should get a lawyer - and think to yourself " if I hadnt clouted him, I wouldnt have to pay out all this money ".
The advice to plead guilty when you dont even know the offence - (like is it gonna be attmepted murder or what?) I think is stupid
Once you are charged then choose jury trial as there is a 67% of being acquitted - juries are not as trusting as judges....
and yes as an aside I wonder as a non lawyer about GBH and an absent victim as one has to show 'really serious injury' and if he walked away and hasnt turned up, then that would be difficult.....
I imagine at some time or other you have said you intended to clout him with the jug and all I can say is, that was an unwise act and an unwiser admission.
keep us up to date when you have been charged
first of all you wait and see - what you get charged with....
you cant influence this, so it is not even worth retaining a solicitor at this time
there are a variety of offences ( almost all Offences against the Person Act 1861 and a gew other acts ) and you just have to wait and see
if you havent been charged - then where did you get GBH c intent from ?
Once you do know the offence then you should get a lawyer - and think to yourself " if I hadnt clouted him, I wouldnt have to pay out all this money ".
The advice to plead guilty when you dont even know the offence - (like is it gonna be attmepted murder or what?) I think is stupid
Once you are charged then choose jury trial as there is a 67% of being acquitted - juries are not as trusting as judges....
and yes as an aside I wonder as a non lawyer about GBH and an absent victim as one has to show 'really serious injury' and if he walked away and hasnt turned up, then that would be difficult.....
I imagine at some time or other you have said you intended to clout him with the jug and all I can say is, that was an unwise act and an unwiser admission.
keep us up to date when you have been charged
The absolute minimum sentence for a 'Section 18' (GBH with intent) offence, where the offender pleads guilty at the first opportunity, is one of two years imprisonment. (That's a nominal three year sentenced reduced by one third. The actual time spent 'inside' would normally be one year).
However, in order to obtain a conviction on that charge, the Crown prosecution Service would need to show:
(a) that the victim suffered really serious injuries (otherwise it's not 'GBH') ; and
(b) that there was a clear intent to cause such injuries. (The use of a weapon, such as the jug, can be seen as a strong indicator of such intent but it doesn't automatically push the offence up from 'Section 20' to 'Section 18').
Given that the CPS have no medical or photographic evidence to establish that the victim suffered a 'serious' injury (such as a fractured skull or a loss of blood requiring a transfusion), I can't see how they could possibly hope to convince a jury (beyond reasonable doubt) that the victim was seriously injured. If that's the case, you can't be convicted of 'GBH' (and the 'with intent' bit falls by the wayside, as it only applies to GBH cases).
If your solicitor is doing his/her job properly, he/she should be seeking to get the charge dropped to 'ABH'. The use of a weapon would probably see the offence classed as 'Category 2'. Although the 'starting point' sentence for such an offence is 26 weeks custody, an early guilty plea and evidence of good character is likely to see a Community Order imposed instead.
See here to read about what constitutes 'ABH', 'GBH' and 'GBH with intent':
http://
(That's the actual guidance document which the Crown Prosecution Service issues to its staff).
See here to read about sentencing practice:
https:/
(That's the actual document which judges are obliged to refer to).
However, in order to obtain a conviction on that charge, the Crown prosecution Service would need to show:
(a) that the victim suffered really serious injuries (otherwise it's not 'GBH') ; and
(b) that there was a clear intent to cause such injuries. (The use of a weapon, such as the jug, can be seen as a strong indicator of such intent but it doesn't automatically push the offence up from 'Section 20' to 'Section 18').
Given that the CPS have no medical or photographic evidence to establish that the victim suffered a 'serious' injury (such as a fractured skull or a loss of blood requiring a transfusion), I can't see how they could possibly hope to convince a jury (beyond reasonable doubt) that the victim was seriously injured. If that's the case, you can't be convicted of 'GBH' (and the 'with intent' bit falls by the wayside, as it only applies to GBH cases).
If your solicitor is doing his/her job properly, he/she should be seeking to get the charge dropped to 'ABH'. The use of a weapon would probably see the offence classed as 'Category 2'. Although the 'starting point' sentence for such an offence is 26 weeks custody, an early guilty plea and evidence of good character is likely to see a Community Order imposed instead.
See here to read about what constitutes 'ABH', 'GBH' and 'GBH with intent':
http://
(That's the actual guidance document which the Crown Prosecution Service issues to its staff).
See here to read about sentencing practice:
https:/
(That's the actual document which judges are obliged to refer to).
^^ The lack of a 'victim' occurred to me to Chris. But I assume the police will check the hospitals to see if someone with matching injuries has been treated and try to get a statement. They have the blood from the OPs hands which will give DNA of the victim, so if the victim has ever been arrested they will know his ID.
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