gbh

[xxxtina1986x]

hi my boyfriend has been arrested with GBH with intent on the 13th feb 09, he has to go to the police station tomorrow to see whether or not he has been charged. my boyfriend was driving back from the Gym and it was his right away at the roundabout, the guy in the van pull out when my boyfriend was pulling around the roundabout the van man got angry, he stopped his van and let me boyfriend pass and then followed him to his house my boyfriend pulled in to the drive way and the guy got out of the van, my boyfriend told they guy to leave it and not walk on to his property the van guy starting swearing in punjabi to my boyfriend and then went into his van and pulled a crowbar out he walked in the garden and and boyfriend went for him he hit him till he let go of the bar. the van guy suffered with a fractured eye socket and fractured jaw, the van man is saying he never touched the crow bar and they re awaiting forensics. its was pure self defence. why would you bring trouble in your frontdo

[bobs1975]

Are you telling a story or asking a question? Let us know how he gets on tomorrow.

[xxxtina1986x]

hi bob i am asking a question < wanted to know any likely outcomes?

[poltergeist]

Well I thought this was a cracking story. If this is true what happened I wish your boyfriend good luck. He sounds like the sort of guy this country could do more of!
All the best

[paraffin]

Hi xxx:

From what you say I've been trying to guess if your b/f was charged with anything. Would I be right in thinking that he was arrested on suspicion of GBH with Intent but not charged? Instead, he was probably interviewed, then has been given Bail to return to the Police Station tomorrow to find out if any further action is to be taken?

If I'm right, then there's no point in me trying to second guess what may happen because I wouldn't know if the Police have any better evidence than they had initially. All I would say is that I would doubt very much that the crowbar will yield anything useful from the forensics examination. There's all sorts of reasons why it may have bloodstains etc on it.

If this is simply your b/f's word against the other guy, with no other witnesses, it may prove difficult to prove such a serious offence as GBH with Intent.

[Buenchico]

'Self defence' can be very hard to use as a defence in court. Your boyfriend would need to show that he couldn't have simply run away (or locked himself inside the house). He'd then further need to show that he had no choice other than to use physical force. Finally, he'd need to show that he used the absolute minimum amount of force to remove the immediate threat to himself. (i.e. that he stopped hitting the other guy as soon as he had put himself in a position to being hit himself, e.g. by running away).

GBH with intent is a very serious offence. The maximum penalty is life imprisonment. The sentencing guidelines for the offence are on page 13 of this document:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
Those sentences apply to a first-time offender convicted after a trial. Judges can't go outside of those sentences other than in exceptional circumstances (which must be explained in open court), other than to knock off up to one third for an early guilty plea.

Based upon that document, your boyfriend is possibly facing a sentence of around 2 year 8 months imprisonment (of which half will actually be spent 'inside').

Chris

[Buenchico]

Oops!

Typo!

Last sentence of 1st paragraph should read;
"i.e. that he stopped hitting the other guy as soon as he had put himself in a position to prevent being hit himself, e.g. by running away)

[c1]

As a supplement to what has been said, if he is charged and CPS agree their is a case to answer, he then goes to court the and it is his first offence the court may decide to punish him in some other e.g. a community service order and a fine. These type of offences don't always end up with prison sentences.

[ELVIS68]

Why should he need to prove he couldn`t run away?..surely if he`s being threaten with a crowbar whether he runs away or fights back should have no bearing on the outcome

[xxxtina1986x]

hi, the police when they questioned him they said was the amount of force necessary, my BF was not going to stop till he got the crowbar off him.. its been 2 and 1/2 months and they havent got any witness statements from his sis in law or mother who were in the house.
if he ran away the guy would of been mental enough to smash the windows and go after him his mother or sister in law.

Paraffin: yes he hasnt been charged as of yet but i will keep you lot updated in in a few hours.

the only eveidence they have is a the crow bar and that idiots statement, the van guy is saying he never touched the crow bar so his bloody DNA shouldnt be on ut!

[xxxtina1986x]

his sister in law was the one that called the police from the house

[xxxtina1986x]

Thankyou soo much for your advice!

Parraffin: exactly what you said they said no Further ACtion and he doesn't need to attend the police station!!!!!!!!!

[ummmm]

Oh good. I'm glad :-)

[paraffin]

Hi again, xxx:

That must be a weight off his mind, and yours!