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What might they get charged with???

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villa1980 | 20:39 Tue 12th Jan 2010 | Law
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I was out with some mates and my girlfriend recently, as the night went on it ended up being just me and my girllfriend left and we decided to go for a curry.

Whilst waiting for a taxi afterwards, a lad appeared gobbing off and i ended up in a confrontation with him, during this i was hit to the back of my head by one of his friends and was knocked to the floor. I was then kicked to the head for several minutes by at least three of them. I was unconcious and unable to defend myself.It was caught on cctv but apparently the camera angle was not great but it sees the lads running away looking less than concerned.

I was rushed to hospital where i was taken for an emergency operation to drain my lungs as they had filled with vomit during the attack, i also suffered a small internal bleed to the brain amongst a million and one bruises and cuts to the face. I woke up in hospital to be told that i had been in a very bad way and been in intensive care for several hours.

They have been arrested and are currently out on bail and due to answer there bail soon...there was many witnesses and my girlfriend is certain she picked out the right lads for her I.D parade.
We are waiting for the police to hear from the C.P.S as to what they are goin to be charged with.

Does anyone know what they might be Charged with and if so how long they may be looking at!!!????
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The definitions of the various kinds of assault charges are given in this document from the Crown Prosecution Service:
http://www.cps.gov.uk...s_against_the_person/

From that, you'll see that the appropriate charge is 'causing grievous bodily harm with intent'.

The table on page 13 of this document shows the sentences which judges are required to pass (other than in very exceptional circumstances, which the judge must explain in open court):
http://www.cps.gov.uk...s_against_the_person/

It should be noted that the sentences in that table refer to first-time offenders convicted after a trial. (Previous convictions, especially for violence, can push the sentencing range higher). An early guilty plea can see a sentence cut by up to one third.

It should also be noted that kicking someone in the head counts as the 'use of a weapon' and that committing an assault as part of a group is an 'agrravating factor'.

If, based upon the medical evidence, the court is of the opinion that your injuries were 'very serious' (but not life threatening) a sentence of around 5 years seems likely. If the court decides that your injuries fell within the 'life threatening' category, a sentence of around 8 years might be more likely. (Offenders sentenced to more than 4 years imprisonment MAY be released at the halfway point of their sentence but, unlike those serving shorter sentences, they don't become entitled to automatic release until two thirds of the way through their sentence).

Chris
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thanks chris...that was really helpfull.
If anyone else has anything to add id be more than gratefull.
Dont't be surprised if it is YOU who is charged for getting in the way of the lads' fists and boots, judging by the way this country is going down the $h!TTR it would make sense.
Unlucky mate, are some nasty people about.

From the injuries you describe, I think it should be GBH. Internal bleeding in the brain and vomit filled lungs are bad injuries and I think ths justifies GBH.

They also had intent to do the harm to you, and this makes the offence they committe far worse. I think therefore they will be charged with GBH with intent.

I think you had life threatening injuries as the vomit could have drowned you in your lungs and with the internal bleeding in your brain and the fact you were unconcious.

With offenders who get convicted of GBH with intent and where the victim suffers life threatening injuries, the offenders if convicted could ge sent to jail for 8 years. The sentence range for this offence if 7 to 13 years.

This doesn't necessarily mean that they will serve the full sentence but they will inside for a long time if convicted and rightly so.
I dont have any advice I'm afraid but wanted to say how awful this was to happen to you and I sincerely hope you are recovering well.

All the very best for 2010 and may it bring you health and happiness!
Question Author
Thankyou very much, im on the mend now thankfully and just hope that we get a positive outcome at the end of it all!!!!!
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i have been told by the police and many other people to claim for compensation for my injureis , time of work loss of earnings ect ?? how would i go about this and would it be worthwile any input would be greatly appreciated thanks ..
Here's your answer:
http://www.cica.gov.uk/

Chris

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