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Gbh

Former MemberFormer 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)

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Whether she is 7 stone or 17 stone is irrelevant really.

    "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."
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    The police and CPS will sometimes press charges for the more serious offence that they think someone can be prosecuted for. It's a lot easier for someone to be done for a less serious offence at court than a more serious one.

    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.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    i used her weight and height to give you an example of her - she used NO weapon just her tiny lil fist (that couldnt cause damage to a paper bag) it was one punch which even the victim has stated which caused a split in her lip which needed a few stiches - it was not a planned attack they were out together they had an argumenet which was very petty - the conversation was my sister "you think your so much better tahn everyone" her friend "im better than you, you ****" and a punch came form my sister and a few petty bantered words exchanged from each other after that

    is that gbh
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    thank you for your reply

    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
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    If she didn't do it then she won't be found guilty. Lawyer up and get it sorted.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Jaz wrote: »
    i used her weight and height to give you an example of her - she used NO weapon just her tiny lil fist (that couldnt cause damage to a paper bag) it was one punch which even the victim has stated which caused a split in her lip which needed a few stiches - it was not a planned attack they were out together they had an argumenet which was very petty - the conversation was my sister "you think your so much better tahn everyone" her friend "im better than you, you ****" and a punch came form my sister and a few petty bantered words exchanged from each other after that

    is that gbh

    Is a petty argument like, but tbh that makes it worse.

    Its not like she was seriously provoked into violence is it.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Mist wrote: »
    If she didn't do it then she won't be found guilty. Lawyer up and get it sorted.

    she did punch her but i dont think its GBH common assult maybe
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Jaz wrote: »
    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.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    DC85 wrote: »
    Is a petty argument like, but tbh that makes it worse.

    Its not like she was seriously provoked into violence is it.

    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
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I found this (randomly so not sure how true it is) -
    14.3 Wounding and Assault causing Grevious Bodily Harm (GBH)
    The Offences Against the Persons Act 1847 contains two offences of wounding or causing GBH under Section 18 and 20. Section 18 is by far the most serious as it carries a maximum sentence of life imprisonment, whereas the maximum for Section 20 is 5 years. The difference is that the prosecution must prove that you intended to cause serious bodily harm under Section 18, whereas they need only show that you acted recklessly under Section 20.

    Under both sections, an assault causing grievous bodily harm or wounding is defined as follows.
    To constitute a wound the whole skin must be broken. It must be more than a scratch, but one drop of blood would be sufficient.

    Grievous bodily harm must be ?really serious harm?, an obvious example of which would be a broken bone. There is no legal definition however, and it is a question of fact for the jury to decide.

    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.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Jaz wrote: »
    my 9 year old son is stronger than my sister

    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!
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    DC85 wrote: »
    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
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Jaz wrote: »
    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.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Jaz wrote: »
    she did punch her but i dont think its GBH common assult maybe
    i'd be more inclined to say ABH but GBH is classed on the extent of the injury so to be charged with GBH in this case is certainly possible. the attack does not have to be ''planned'' either as you said before - if it were planned she would be looking at GBH with intent. like Whowhere said if someone is charged with GBH at court they may be found guilty of a lesser offense in court but it doesn't work the other way around.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Jaz wrote: »
    they havent spoke since - to be honest i think she pressed charges because of money - if found guilty she will get compo

    She might get compensation, but it's unlikely to be very much. £100 at most i'd have thought.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Why on earth did your sister not speak to the duty solicitor when she was at the police station? Why does she not have legal representation yet?

    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.
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    SkiveSkive Posts: 15,286 Skive's The Limit
    Kermit wrote: »
    Why on earth did your sister not speak to the duty solicitor when she was at the police station? Why does she not have legal representation yet?

    Exactly.

    Without any representation and the police will take the piss.
    Weekender Offender 
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