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what can i be facing for abh
hi people im 18/ female
i am currently out on bail for suspected abh on my boyfriend. story
.we was havin an arguement so i decided to drive off til things had calmed down. as i went to drive off he threw my phone at my windscreen so i decided to leave without it, i waited for about 10 mins til n and decided to go back for my phone, i arrived to find my bf on the floor surrounded by blood comin out his ear, he started cuddlin me and i called an ambulance, as i pulled up in the car an old man was walkin towards us who knew my bf he went and got his mum my bf then turned violent towards me and the paramedics as a result of a fractured skull!, he ended up being restrained by police which arrived at the scene , i was then arrested from hosptal on suspicion of abh sectin 47 and released on bail, I have a job n work part time volentry, me nor any of my family have any previous records with the police IF i get charged i will loose my job. i was to shocked and distraught to have a solicitor n didnt realise how important they are, i have now got a solicitor which , i was told without a solicitor the police would try to pin it on me for the fact the cant be bothered to look for other suspects,does any one know what i could be facing if i get charged for abh, could i get a driving ban and tag ?
i am currently out on bail for suspected abh on my boyfriend. story
.we was havin an arguement so i decided to drive off til things had calmed down. as i went to drive off he threw my phone at my windscreen so i decided to leave without it, i waited for about 10 mins til n and decided to go back for my phone, i arrived to find my bf on the floor surrounded by blood comin out his ear, he started cuddlin me and i called an ambulance, as i pulled up in the car an old man was walkin towards us who knew my bf he went and got his mum my bf then turned violent towards me and the paramedics as a result of a fractured skull!, he ended up being restrained by police which arrived at the scene , i was then arrested from hosptal on suspicion of abh sectin 47 and released on bail, I have a job n work part time volentry, me nor any of my family have any previous records with the police IF i get charged i will loose my job. i was to shocked and distraught to have a solicitor n didnt realise how important they are, i have now got a solicitor which , i was told without a solicitor the police would try to pin it on me for the fact the cant be bothered to look for other suspects,does any one know what i could be facing if i get charged for abh, could i get a driving ban and tag ?
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I don't think anyone on here could reasonably predict what any possible sentence might be.
You need to insist on speaking to your solicitor at the earliest opportunity. Ring the office now and make an appointment.
You might want to be accompanied by a parent or friend who will take note of their advice, as it's often difficult to remember all that has been discussed afterwards.
You have the right to speak to your solicitor now and don't have to wait until you have been formally charged. The solicitor will be best placed to answer all your questions, though I doubt he/she will be prepared to predict an outcome.
If you are charged, and the CPS is taking the case to court, they will have to disclose any evidence they are preparing to submit to the court. That is the point at which you will discover any forensic evidence the police have obtained that might indicate your boyfriend's injuries were as a result of the impact of your car. Just an aside, have the police taken your car for forensic tests?
You need to insist on speaking to your solicitor at the earliest opportunity. Ring the office now and make an appointment.
You might want to be accompanied by a parent or friend who will take note of their advice, as it's often difficult to remember all that has been discussed afterwards.
You have the right to speak to your solicitor now and don't have to wait until you have been formally charged. The solicitor will be best placed to answer all your questions, though I doubt he/she will be prepared to predict an outcome.
If you are charged, and the CPS is taking the case to court, they will have to disclose any evidence they are preparing to submit to the court. That is the point at which you will discover any forensic evidence the police have obtained that might indicate your boyfriend's injuries were as a result of the impact of your car. Just an aside, have the police taken your car for forensic tests?
Hi Erin:
Sounds like you're panicking a wee bit which isn't a criticism - seems like it's understandable under the circumstances. This would be my advice to you:
1. Find out as soon as you possibly can what your boyfriend has to say. That is unless your Bail conditions prevent you from contacting him?
2. If so, you must speak urgently with your Solicitor and get him/her find out as much as possible. They will then advise you of what options you have.
3. Whatever you do, don't try to contact the Police. They're not on your side, so to speak, in this matter.
4. Don't forget that you haven't even been to Court yest, therefore you haven't been convicted of any offence. It may well be that there won't even be a Court case.
5. Unless you were drinking at the time and were breathalysed, there is little chance of you receiving a driving ban, so long as you didn't use your car to cause injury.
6. Only a Court could order that you wear a tag, and as I said, there hasn't been a Court case.
Good luck. But none of us can safely predict the eventual outcome. All the best.
Sounds like you're panicking a wee bit which isn't a criticism - seems like it's understandable under the circumstances. This would be my advice to you:
1. Find out as soon as you possibly can what your boyfriend has to say. That is unless your Bail conditions prevent you from contacting him?
2. If so, you must speak urgently with your Solicitor and get him/her find out as much as possible. They will then advise you of what options you have.
3. Whatever you do, don't try to contact the Police. They're not on your side, so to speak, in this matter.
4. Don't forget that you haven't even been to Court yest, therefore you haven't been convicted of any offence. It may well be that there won't even be a Court case.
5. Unless you were drinking at the time and were breathalysed, there is little chance of you receiving a driving ban, so long as you didn't use your car to cause injury.
6. Only a Court could order that you wear a tag, and as I said, there hasn't been a Court case.
Good luck. But none of us can safely predict the eventual outcome. All the best.
You seem entirely focussed on the outcome, Erin. Understandably so, but you've a long process to go through before you get to that stage. However, I will give you an indication and state that assault occasioning actual bodily harm is a serious offence that can lead to either a large fine and/or a custodial sentence . That said, the court will take into account any mitigating factors e.g whether there was provocation and any previous offences. From what you've already said both those factors would count in your favour.
I can't reiterate strongly enough just how important it is that you seek legal advice. You need to be represented and advised. If you can't afford it due to only working part-time, you will be entitled to claim Legal Aid. Your solicitor will also be able to advise and apply.
Ring your solicitor now and make an appointment!
I can't reiterate strongly enough just how important it is that you seek legal advice. You need to be represented and advised. If you can't afford it due to only working part-time, you will be entitled to claim Legal Aid. Your solicitor will also be able to advise and apply.
Ring your solicitor now and make an appointment!
Unlike some others around here, I'll try to answer your actual question regarding what you could be facing.
The first thing to consider is the nature of any possible charge. Although you seem to have been bailed 'on suspicion of causing actual bodily harm', that doesn't mean that 'ABH' would automatically be what you could be charged with. A fractured skull normal comes into the category of 'GBH'.
To see the type of injuries which constitute ABH, read paragraph 46 here:
http://www.cps.gov.uk/legal/l_to_o/offences_ag ainst_the_person/#P189_14382
Then scroll down to paragraph 55 to see the type of injuries which constitute GBH. (Note the specific reference to a fractured skull).
Courts are normally constrained in their sentencing by official guidelines. They are given a 'starting point' sentence, based upon a first-time offender being found guilty after a trial. (A lesser sentence will be passed upon someone pleading guilty at an early stage. In the case of custodial sentences that means up to one third off the sentence). They are also given a 'range' of sentences, which the court can't go outside unless the magistrates or judge provide an explanation for their decision in open court.
To see the 'starting points' and 'ranges' for different categories of ABH offences, see page 17 of this document:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
If the charge is 'GBH' (under 'Section 20') refer, instead, to page 15 of that document. If the charge is 'GBH with intent' (under 'Section 18'), refer to page 13.
Chris
The first thing to consider is the nature of any possible charge. Although you seem to have been bailed 'on suspicion of causing actual bodily harm', that doesn't mean that 'ABH' would automatically be what you could be charged with. A fractured skull normal comes into the category of 'GBH'.
To see the type of injuries which constitute ABH, read paragraph 46 here:
http://www.cps.gov.uk/legal/l_to_o/offences_ag ainst_the_person/#P189_14382
Then scroll down to paragraph 55 to see the type of injuries which constitute GBH. (Note the specific reference to a fractured skull).
Courts are normally constrained in their sentencing by official guidelines. They are given a 'starting point' sentence, based upon a first-time offender being found guilty after a trial. (A lesser sentence will be passed upon someone pleading guilty at an early stage. In the case of custodial sentences that means up to one third off the sentence). They are also given a 'range' of sentences, which the court can't go outside unless the magistrates or judge provide an explanation for their decision in open court.
To see the 'starting points' and 'ranges' for different categories of ABH offences, see page 17 of this document:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
If the charge is 'GBH' (under 'Section 20') refer, instead, to page 15 of that document. If the charge is 'GBH with intent' (under 'Section 18'), refer to page 13.
Chris
If your delightful boyfriend doesn’t wake up / remember what happened / admit what happened then basically sounds like your screwed. The evidence is strongly in his favour that you hit him with your car. Unless you can find cctv or a miracle it looks grim. I’d suggest moving away from the village and this horrible bunch. If you surround yourself with people who bully and beat you what could you expect? A happy ending?....move away.
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