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Gbh
Former Member
Posts: 1,876,323 The Mix Honorary Guru
Hello im new to this site frist post - i want people opinions - the situation goes - My sister has been charged with GBH - she had an argument with one of her friends which she punshed once in the face which hit her friends mouth and split (badly) her lip its was also given on the victims (her friend we ex friend now) statement - my sister is 4ft9in and weighs 7 stone - when she was first arrested she was told that thee offence was common assult and that as it was her first offence she would likely to be given a caution - then this morning when she goes to the police station she ends up getting charged with GBH - im i the only one that thinks this is a bit strange her friends partner is an ex police officer that funnily enough the report was taken to his old police station rather than our local one
when my sister and i left her (the friend she hit) she had a tiny trickle of blood and she was able to yell and screem - but later was admitted to hospital with an injury that needed stiches - now im no doctor but if her lip was split that badly wouldnt there have been more blood and the injury would have been more visable at the sceen - doesnt you lip when badly burst pour out with blood
i was just wondering for peoples personal opinions on this one as i feel like somethings not right do you think shes guilty of gbh
Dont get me wrong i know it wrong to hit anyone in any circumstances and for that you should be punished but i think GBH is a little extream and for a first offence over one punch from a munchkin (really shes the size of a 12year old)
when my sister and i left her (the friend she hit) she had a tiny trickle of blood and she was able to yell and screem - but later was admitted to hospital with an injury that needed stiches - now im no doctor but if her lip was split that badly wouldnt there have been more blood and the injury would have been more visable at the sceen - doesnt you lip when badly burst pour out with blood
i was just wondering for peoples personal opinions on this one as i feel like somethings not right do you think shes guilty of gbh
Dont get me wrong i know it wrong to hit anyone in any circumstances and for that you should be punished but i think GBH is a little extream and for a first offence over one punch from a munchkin (really shes the size of a 12year old)
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"ABH is distinguished from the more serious charge of grievous bodily harm both on the level of intent required, and on the severity of the injury (self-evidently, the severity may provide evidence of the intent). The Crown Prosecution Service provide examples of factors which may indicate intent; for example: "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; and using an offensive weapon against, or kicking the victim's head". All these examples would distinguish the crime as GBH, rather than ABH."
ie if you prosecute someone with common assault, they won't be found guilty of GBH at court. Likewise if someone is charged with GBH at court they may be found guilty of a lesser offence.
As for injuries e.t.c. blood normally only "pours" if you burst a major blood vessel. A bust lip, will at most drip.
is that gbh
As for injuries e.t.c. blood normally only "pours" if you burst a major blood vessel. A bust lip, will at most drip.[/QUOTE]
the lip needed four stiches
Is a petty argument like, but tbh that makes it worse.
Its not like she was seriously provoked into violence is it.
she did punch her but i dont think its GBH common assult maybe
Then a decent lawyer will bargain it down to where it should be.
I have seen young children fight worse than what that was - honestly i guess you had to be there - i say it was a punch - but the force was that pathetic that when the fist conected with the head, the head didnt even move - my 9 year old son is stronger than my sister
By that they would have enough to charge for section 20, because she acted recklessly even if without intent. Then the jury would have to decide if the harm was serious or not. The technicalities of the arrest are for your sister's solicitor to argue over.
I see what your saying, and Im suring it was 'nothing' compared to other fights.
But how big, strong, little, weak, thin or fat your sister is/isn't is irrelevant.
I reckon she'll get assault at court. If they are friends, why is she pressing charges. If I had a daft argument/any argument with a mate and he give me a smack and split my lip, thered be no chance i'd press charges!
they havent spoke since - to be honest i think she pressed charges because of money - if found guilty she will get compo
She may getcompensation.
Hardly mates then.
She might get compensation, but it's unlikely to be very much. £100 at most i'd have thought.
Those are the important questions.
The police will normally charge higher than they expect to convict, as it gives them more bargaining room both with the CPS and the defendant.
Prosecute for GBH and you can often intimidate them down to admitting common assault. Prosecute at common assault and often the defendant will put the prosecution to proof. It's a very old tactic.
She needs legal representation and fast.
Exactly.
Without any representation and the police will take the piss.