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Abh Or Gbh Committed?

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Sharpshootin_man | 13:00 Sat 23rd Sep 2017 | Law
2 Answers
My son (aged 15) has got into trouble with the police and might get charged with GBH s18 or racially aggravated ABH.
He took in a screw driver into school (a PRU school) and stabbed a pupil on the head which I am told resulted in a small cut on the forehead an inch or two above the eye which was bleeding heavily (as my son tells me). The entire incident was caught on CCTV inside the school. My son had problems with this student ever since the student started the school. My son has no friends that still attend the school so is surrounded by 5-8 of the other boys friends they had been bullying him mainly verbally however there was 1 incident where my son was attacked by 3 students who were all bigger than him but that happened almost a year before the attack on the student. Shortly after my son was jumped he was removed from the school and taught at a different site (he was still on the school role) for the next school year. After the summer holiday he was told to be brought back to school by the head teacher and told there would be no problems. My son reluctantly went to school. As soon as he entered there was a minor confrontation with the same students that attacked him a year ago which de-escalated quickly. His class was in a seperate building than the one that the victim was in but I was told my son said he needed a cup of water which can only be brought from the building that the victim was in. He got his cup of water from the main building and started looking for the student and shouting to the victim through the locked door to come out of his class room. He was then confronted by 4-7 the victims friends who all started aggressively walking towards him my son thought that one of the other students was trying to get behind him so he pulled out a screwdriver to defend himself they continued walking towards him despite seeing the screwdriver and my son started walking backwards to get his back against a wall. Nothing happened and the students went back to the classroom. My son then managed to get past the locked doors where the victims lesson was and told him to get out of the class there was an altercation and my son jumped out and stabbed the victim on the head the victim immediately retreated. He was taken to the police station the same day and hasn't been charged due to the police having no medical report from the victim but has been released on investigation. The police said they're waiting for the medical report before they can charge him. The reason it might be called racially aggravated is because the student lied and told the police that my son called him a black *** and apparently has witnesses which are presumably his friends although my son says he did not say that. It's my sons first offence that he will be charged with. He had been arrested for burglary but they let him go without being charged. He has been in trouble with the police for criminal damage and assault but not arrested for either of these. I don't know whether this is ABH (as my solicitor says) or S18 GBH (since it was possibly planned) on the release paper it says alleged offence S18 GBH but the wound was not grevious or life changing as it was only a cut. He done a no comment interview because he wanted to tell the court what happened not the police. I'm not sure but I think there is a chance that the case will be passed on to CPS I think due to the "racial" element. If it gets taken to the crown court what would happen and if it goes to the youth court what could happen?

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hi, firstly i am not a law person.
i don't think anyone can answer your question - gbh or abh until the medical report is in. There might be other, unseen or hidden injuries for the child who was injured.
If it is GBH, i cant see from your events how it wouldn't be s18 as he went prepared, with a weapon intending to hurt the child. I am not sure what a youth court is in comparison to an adult court, but i would imagine that he would not be able to get away without a prison sentence in the above descibed circumstances
You can read the advice that Crown Prosecution Service staff have to follow when determining the correct charge to lay before the courts, here:
http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/

As you state, a relatively minor cut doesn't qualify as 'GBH', so 'ABH' seems the far more likely charge.

The only caveat relates to the section in that document about attempted GBH. As you'll see from the text there, any attempt to commit GBH should be charged under 'Section 18' ('GBH with intent'), rather than under 'Section 20' ('GBH') because 'intention' is inherent in the offence.

Your solicitor has read all the paperwork and his view that it will be an 'ABH' charge would seem to be far the most likely outcome. Other than with the most serious of offences, any first-time offender before a youth court MUST be given a referral order (which is akin to old-fashioned 'probation'). No other sentence is available to the court.

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