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Likely Charge

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Daffy6543 | 16:40 Sun 10th Aug 2014 | Criminal
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Assault on 25 year old female by similar aged female, no provocation, didn't defend herself or hit back.

Female was jumped from behind by second female, pushed to the ground kicked and punched in the head, face and back, stamped on her head face and back
Injuries are deep tissue bruising to the neck, lost vision in left eye no idea if permanent as yet, broken nose, severely bruised and swollen left side of face covering all that side including the eye, both eyes blackened and swollen, cut lip, bruised upper left arm, lower right arm and severely bruised and grazed lower back.

Can anyone tell me what category this will fall into for charging?

Police are interviewing victim tomorrow and taking photographs of injuries.

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From the CPS website: "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,...
17:02 Sun 10th Aug 2014
GBH
I would have thought ABH! Either way, punishment for attacking an innocent person should be severe, in my view! This is not something the victim will get over easily or quickly!If you were the victim, I really hope you heal well and if you are the perpetrator, then sorry, but you need to be locked up!
Question Author
It wasn't me, it was my daughter. We picked her up from hospital this morning after the attack. She's a mess :(
From the CPS website:
"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;
serious psychiatric injury. As with assault occasioning actual bodily harm, appropriate expert evidence is essential to prove the injury"

A defence barrister might argue that a broken nose isn't as serious as, say, a broken jaw. If a court accepted that (and the eye injury turned out to be less serious than first thought) it's just possible that the Crown might have to settle for an ABH conviction, rather than a GBH one. However, given the eye problem, I think that a charge of (and conviction for) GBH would be far more likely.

The question then needs to be asked as to whether 'with intent' can be added to that charge. Again from the CPS website:
"Factors that may indicate the specific intent include:
a repeated or planned attack;
deliberate selection of a weapon or adaptation of an article to cause injury, such as breaking a glass before an attack;
making prior threats;
using an offensive weapon against, or kicking the victim's head".

Based upon that, the charge is most likely to be 'GBH with intent'.

See here:
http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#a15
Question Author
Thanks Chris, I thought it might just be classed as ABH and the woman who attacked her would get away with it.

Funnily enough the police had a mobile CCTV focused on the attacker's house (location of attack) for a different reason and have very likely got the whole incident on 'tape'.

My daughter was in the garden of the property on her own having a cigarette, the woman came out and said 'i've been told to bang you' and then just launched herself at my daughter, the attack then happened as in my first post.
Do not be at all surprised if the CPS agree to lay a lesser charge, especially if the promise of a guilty plea is on offer. From your description I would agree with Chris and suggest that GBH with intent is the appropriate charge.
Question Author
NJ, I am fully expecting the CPS to lay lesser charges as they are well known for that. I would like to see the attacker do some time behind bars for what she has done to my daughter.

Btw, daughter still can't see out of her left eye, has had more bruises appear overnight and is at this moment looking for a lift back to A&E as she is in so much pain she can't move, especially her neck and back area. I don't drive, her dad can't get out of work and she won't ring an ambulance as she says it isn't an emergency :(

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