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Advice - Charged with ABH but acted in defence of another
Former Member
Posts: 1,876,323 The Mix Honorary Guru
Hi people, I have been charged with ABH after being on pre charge bail for 3 months and have been given a date for first hearing at a magistrates court . I am looking for help and advice on the likely outcome or to hear from anyone who had been through something similar .
Here is what happened .
Me and one friend were on a night out we had been out for around two hours and had about 4 drinks each. We left a bar and as we got outside into the street a man who looked to be very heavily intoxicated / high on drugs ran over and demanded cigarettes. My friend explained ww didn't spoke and we moved to walk away . The man then suddenly flipped and started randomly throwing punches at us and gave chase to my friend to the end fot he street until a corner . The man was stood in front of my friend who was on a corner with traffic on two sides and parked cars to the otjwr and the man in front of him and didn't really have anywhere to go. I could see my friend was scared and the man moved closer toward him shouting abuse and again raising his fists. It was at this point I tool the decision to come behind the man and quickly grab and pull him to the floor to allow my friend and myself to get away from him. That conditions were wet and slippy and this coupled with the man's imbalance meant he went down harder than expected and be hit his head on the ground and was for a very short moment unconscious or dazed until getting up again. He had a cut to his head that was bleeding and an ambulance was called as well a police and I was subsequently arrested for GBH with intent after witnesses identified me as pulling the man to the ground . I was taken to a station overnight and interviewed in the morning . I asked for a duty solicitor and they advised me to go no comment all the way as it wasnr clear what evidence the police had. My clothes had been seized and DNA fingerprints etc already taken. I was subsequently bailed and rebailed again over a period of 3 months whilst police collcted more evidence over this time I was told the complainant hadnt given a statement and had told police he was living rough on the streets , but from looking at him that night I would never have guessed that . The police were waiting on cctv of the incident and I went back to police e station on another bail date and now been charged with ABH . Because the man suffered a cut to his head and was also reported to have been unconcious .
The problem I have is that so far the police have made no attempt to take a statement from my friend who was under attack despite him being questioned at the scene . They used there time to collate two independent witness statements against me that allow give an account of the last few seconds of the altercation and that didn't see the attack being started by this man. The police say they checked cctv however because of the nature of location cctv from certain angles would only show me pulling the man to the ground and not perhaps the rest of the events but I'm not sure of that as so far as I've not been able to see any of it. I was expecting that it wiuld clear that either on cctv or from my friends account that I acted in defence but it has gone completely the other way . I feel the police have withheld details from the cps when coming to make decision as I know cps would be reluctant to prosecute when a defence of self defence oe defence of another is involved.
I have no previous history of any kind and this is the first time I have ever been in anything like this . I have ample character witnesses that can account for my nature and I am wondering on what people think the likely outcome of this situation is. Do I plead guilty at my first hearing to get it over and one with and a non sever punishment or do I fight it with mine and my friends account and plead not guilty in the hope of winning. I am acared that if I plead not guilty and they take it to crown court and I am then for some reason found guilty a hefty prison sentence would be on the cards.
Than you all in advance
Here is what happened .
Me and one friend were on a night out we had been out for around two hours and had about 4 drinks each. We left a bar and as we got outside into the street a man who looked to be very heavily intoxicated / high on drugs ran over and demanded cigarettes. My friend explained ww didn't spoke and we moved to walk away . The man then suddenly flipped and started randomly throwing punches at us and gave chase to my friend to the end fot he street until a corner . The man was stood in front of my friend who was on a corner with traffic on two sides and parked cars to the otjwr and the man in front of him and didn't really have anywhere to go. I could see my friend was scared and the man moved closer toward him shouting abuse and again raising his fists. It was at this point I tool the decision to come behind the man and quickly grab and pull him to the floor to allow my friend and myself to get away from him. That conditions were wet and slippy and this coupled with the man's imbalance meant he went down harder than expected and be hit his head on the ground and was for a very short moment unconscious or dazed until getting up again. He had a cut to his head that was bleeding and an ambulance was called as well a police and I was subsequently arrested for GBH with intent after witnesses identified me as pulling the man to the ground . I was taken to a station overnight and interviewed in the morning . I asked for a duty solicitor and they advised me to go no comment all the way as it wasnr clear what evidence the police had. My clothes had been seized and DNA fingerprints etc already taken. I was subsequently bailed and rebailed again over a period of 3 months whilst police collcted more evidence over this time I was told the complainant hadnt given a statement and had told police he was living rough on the streets , but from looking at him that night I would never have guessed that . The police were waiting on cctv of the incident and I went back to police e station on another bail date and now been charged with ABH . Because the man suffered a cut to his head and was also reported to have been unconcious .
The problem I have is that so far the police have made no attempt to take a statement from my friend who was under attack despite him being questioned at the scene . They used there time to collate two independent witness statements against me that allow give an account of the last few seconds of the altercation and that didn't see the attack being started by this man. The police say they checked cctv however because of the nature of location cctv from certain angles would only show me pulling the man to the ground and not perhaps the rest of the events but I'm not sure of that as so far as I've not been able to see any of it. I was expecting that it wiuld clear that either on cctv or from my friends account that I acted in defence but it has gone completely the other way . I feel the police have withheld details from the cps when coming to make decision as I know cps would be reluctant to prosecute when a defence of self defence oe defence of another is involved.
I have no previous history of any kind and this is the first time I have ever been in anything like this . I have ample character witnesses that can account for my nature and I am wondering on what people think the likely outcome of this situation is. Do I plead guilty at my first hearing to get it over and one with and a non sever punishment or do I fight it with mine and my friends account and plead not guilty in the hope of winning. I am acared that if I plead not guilty and they take it to crown court and I am then for some reason found guilty a hefty prison sentence would be on the cards.
Than you all in advance
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Comments
Every case is of course different so I really would encourage you to speak to an expert on this. Do keep us updated though if you'd like, and we'll support you where possible.