Gbh?

[ambuman]

Hi, asking this on behalf of a worried friend.

He was arrested a month ago for gbh. The incident involved him leaving a house and heading to his car. As he drove off the person he was leaving the house from had ran after him and grabbed his car handle. He was unaware of this. As he accelerated the other person held on and then fell leading to a shoulder injury - possibly a fracture. What he doesn't understand is how he can be blamed for this and I wonder what the potential outcome might be?

[New Judge]

Has he been charged? Or has he been bailed pending further enquiries?

[ambuman]

Bailed at the moment. Police have extended the bail also.

[New Judge]

Your friend needs to wait until the police complete their enquiries.

The police often arrest on "suspicion of committing" the most serious offence available in the circumstances. From your description it seems hard to understand how any offence was committed, but of course we only have scant details.

[ambuman]

Thanks New Judge. The injured party is claiming that my friend knew they were stood next to the car prior to pulling off and then clung on and was dragged a short distance before letting go. My initial thoughts were that he couldn't be to blame. He is worried that he might be deemed 'reckless' as he has looked at the guidelines for a s20 offence.

[New Judge]

Yes that's a strong possibility ambuman. It will be for the CPS to decide if charges are brought.

[ambuman]

Is there not an argument that the injured party is actually the reckless one rather than the driver?

[ambuman]

New Judge. Having read quite a few posts and trying to get a feeling for where this could go, you, along with a few others, seem quite well informed so would you indulge me in a few questions?
Firstly, is this not a driving offence at worst? I always thought GBH would be physical acts of violence? Second, would a fractured shoulder fit ABH rather than GBH? Thirdly, if it is GBH which of the sentencing categories would it apply to? It seems the injury and culpability would be low? Sorry to bombard you with these questions but as you can imagine he is in a bit of a mess at the minute and no one really knows what to say to him!

[New Judge]

As I reply to similar questions, it is simply impossible to provide definitive answers to the sort of questions you pose. However, I'll give you my views (which you will appreciate is not quite the same thing).

The CPS must decide if the actions your friend is alleged to have taken were committed deliberately or recklessly (as to the consequences). If neither then no offence is likely to be charged with the possible exception of careless or dangerous driving (and careless is the more likely). If they believe that his actions were taken deliberately to harm the victim or recklessly as to the consequences then ABH or GBH is a possibility (a vehicle being one of the most dangerous weapons available).

The choice of charge (Common Assault, ABH or GBH) depends on the level of injury. Common Assault is appropriate where little or no injury is caused. ABH involves serious injury. GBH really serious injury. As a taster, here’s the CPS guidance for GBH:

“Grievous bodily harm means really serious bodily harm. It is for the jury to decide whether the harm is really serious. However, examples of what would usually amount to really serious harm include:

• injury resulting in permanent disability, loss of sensory function or visible disfigurement;

• broken or displaced limbs or bones, including fractured skull, compound fractures, broken cheek bone, jaw, ribs, etc;

• injuries which cause substantial loss of blood, usually necessitating a transfusion or result in lengthy treatment or incapacity; “

So if the victim sustained a broken shoulder, GBH is a distinct possibility.

From your description the level of culpability does seem low. But the level of harm may be considered high and it may push the offence into Category 2.

However, your friend’s immediate concern is whether he will be charged and what with. When he next attends the police station he should take a solicitor with him.

[ambuman]

Thanks New Judge. Thats very helpful!