Gbh After An Altercation Whilst Playing Football

JenColDav | 19:58 Mon 30th Mar 2015 | Criminal

25 Answers

My husband has had a gbh charge made against him.
Last July whilst playing football a player from the opposing team accused my husband of purposely tripping him over. My husband apologised and explained that this was an accident and proceeded to continue with the football match. The player began using abusive language towards my husband and started to walk towards my husband with his arms raised as if he would push my husband. My husband then brought the player to the floor in self defence and as a result broke the collar bone of the player.
This was dealt with by the police at the time and the police decided not to take it any further after talking to witnesses. The "victim" did not see this as acceptable and continued to pursue it. More months passed without any news and just 2 weeks ago my husband received a letter with a court date. This incident happened in July so almost 9 months have passed without my husband having heard anything about it.
He has been to magistrates court today, been advised to plead 'no plea intended'
He has to go to crown court on July 29th, there will be no jury. He plans on pleading guilty, his statement says that it was in self defence but he's not denying that he did not cause harm to the player.
A witness made a statement to say it looked pretty much 50/50 and both my husband and the other football player were just in a usual football scuffle.
The lad has his brother who has made a statement for him and they are both saying that my husband approached him (which is a lie)
Anyway, it is his word against my husbands as there are no other witnesses or CCTV.
I wondered is he likely to get a custodial sentence?
Thank you for any advice

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Buenchico

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You appear to have described a 'Category 3' offence because 'harm' is clearly low (as a broken collar bone is a relatively minor injury within what GBH can cover) and 'culpability' is also low (because it wasn't, for example, a sustained attack or an attack where the victim has deliberately been hunted down in order to attack them). While a Category 3 GBH...

20:13 Mon 30th Mar 2015

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Peter Pedant

// This is indeed a strange state of affairs and I can only presume there are features present which we do not know about.//

I agree

Football123abc

Hello- how did this turn out in the end !?

JenColDav

Question Author

It ended well for my husband. It did go to court last September, so 2 years after the actual incident.
Basically the person who accused my husband, his brother and his friend all took to the stand and gave accounts of what happened that were all different.
Another football player who had seen it came to court to give his version of events which was that it was just a 50/50 scuffle and someone just happened to get hurt.
The jury took less than 10 minutes to find my husband not guilty.
Basically what we knew all along. Shame it had to go as far as court but I'm glad it did because it showed them for being the liars that they are.

Football123abc

So your husband pleaded not guilty ? My husband wants to plead not guilty as he didn't do what this other lad is suggesting he did. It was merely a football tackle where he happened to get injured! But he is worried he will later get found guilty and things will be worse. What category did it fall into in the end? Was it 3?

JenColDav

Question Author

That's correct, he pleaded not guilty as although the lad ended up with a broken collarbone it was not caused intentionally. To be honest I can't remember about catagory now.

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