If the evidence is as strong as they say then you will be charged with something.
Personally I don't that does amount to a S18 and I would charge it as a S20. I think it might be the staples in her head though. It depends what they are saying caused that. If it was a weapon then that may be an 18.
If you are convicted of this then I'm afraid you can expect to go to prison for some years.
Pushing somebody may be self defence. It depends what was happening. Also, if I were prosecuting this, I would ask you whether you really needed to push her so hard that she hit her head that badly. REmember this has to be reasonable force.
This isn't an ABH though. The injuries are too great for that. Its probably a S20.
But it must have been quite hard if she struck her head that badly. Remember the Crown only have to show you used more force than was strictly reasonable.
Also, there's no way the jury will accept for a second that you didn't know whether the person was male or female. That said, you are still entitled to use reasonable force to stop an assault whether she was male or female.
why did you need to push her at all though? I think the problem that you have potentially is that she hadn't even assaulted you yet so you are really running pre-emptive strike rather than self defence.
who ever i pushed was trying to hit me i turned my body and pushed with the palm of my hand, if its the female i pushed she fell back into a pillar? how did i use more force i was trying to get the person away so i pushed her?
Its not that simple. You will be asked in detail.
She cannot have come running towards you trying to hit you. Either she was running towards you from a distance in which case she couldn't strike you or she was close up trying to hit you and we know that can't be right because you said earlier that you didn't know whether she was male or female so she couldn't have been that close.
You need to be clear about your account because that will be torn apart when you give evidence.
OK. But thats not what you said earlier. You'll find it if you look back.
You said that she was running towards you when you pushed her and that you did not know whether she was male or female.
it was a big gang fighting which i noticed my mates there and i walked over trying to break it up there was alot of pushing and shoving who ever came towards me i pushed them away as they came side on trying to hit me?
OK. So why did you say something else earlier?
To some extent that doesn't really matter as long as you don't do it during the course of these proceedings.
just in detail really and because they claiming that it was me who pushed the women was trying to anwser your question, but thats what actually happend and the cctv doesnt show me doing nothing bad on it at al i admit i push someone but who i dont know but that was only because what i said some one came side on towards me trying to hit me, what you think cps will do? will it go to crown or mag? everything in interview i no commented and wrote a statement of what accually happend, thats all i had to say thanks
We are back where we started though, arent' we? Either she came towards you or she was close enough to try to hit you. At the moment, I do think you will be charged because this is so easy to break down.
It will go to the Crown Court. Its indictable only.
You have to take into account that I havent' had full sight of the case, but I think you will be charged and you are at risk of conviction. She probably did make a pest of herself but I don't think pushing somebody so hard that they sustain those injuries is something that CPS would accept. Also, there really doesn't seem much clarity in your account over what happened and why you need to push her.
I can see why a no comment was the advice. I think that would have been my advice too. But you will have to give evidence sometime and i do think there are going to be problems unless you decide exactly what happened.
who ever tried hitting me came from the side so i dont acually kno if the person was rite next to me or came from a distance as i was trying to break a fight up, who ever i pushed was because someone tried hitting me. if it was the women i pushed, what if the pillar was rite behind her and i pushed her but she was drunk or slipped i did not intend to injure the women if it was her i pushed. i just tried getting the person who tried assaulting me away from me?
But thats not what you said earlier.
Also, it doesnt' really matter whether you intended to push her into the pillar. You must have pushed her incredibly hard to cause that degree of impact and thats the issue. Was that really reasonable? Im afraid I think CPS will think that it was not.
This will be charged as a S20 and it won't matter what you intended. In any event, they could bring this under the force of the push and maintain a S18. If you push somebody that hard you intend they sustain injury although I have to say that I wouldnt' charge this as any more than a 20.
If you've said in your statement that you dont know whether the person you pushed was male or female then you've got problems I'm afraid. The jury won't accept that.
The CCTV may not show that. It depends what else they've got and what the two witnesses say.
No, S20 is a GBH, S24 is an ABH. The issue will be the extent of the injuries.
2 statements is damning. 1 statement is bad. 2 is worse.
I'm surprised they bothered with a parade. You accept that you were there and that you were the person who pushed.
That should have read S47 is an ABH. This isn't an ABH though. The woman has STAPLES in her HEAD !!!!
Not on injuries. Its either an ABH or a GBH. They can't charge down to get a conviction. the level of injury isn't the area of weakness.
This won't be dropped to an ABH. I think you'll be lucky to get a S20 rather than an 18 out of it.
If you've said you pushed somebody, who else but you do you think the jury will think pushed the person with injury?
Your friends will be discredited on the basis of bias. If there are independent witnesses and two of them, they will be believed. Of course, it depends what they say.
I'm surprised they bothered with that. It might be just an abundance of caution really. Or there might be identity issues that we don't know about.
It won't be dropped to an ABH. You cannot get a matter dropped to an ABH because you acted in self defence. Self defence is defence. ABH/GBH/S18 refers to the level of injury.
Either way, don't say anything else to them now. Its probably going to be one of these cases where the evidence is such a dog's dinner that there are other escape routes than your account being a reasonable one.
But I do think the road to conviction for you lies in talking too much about this. Its quite a common problem really. Most people are convicted on the basis of what they say rather than what they don't.
No, this is not an ABH. I don't know where thats come from. You are lucky that she didn't die. She hit her head so hard that she has STAPLES in it. Ive just done a preliminary hearing on an almost identical case where the victim did die and the defendant was charged with murder. You will be lucky if you escape with a S20.I didn't understand the rest??
I would charge this as a S20. I think its easier and cleaner to do that. There may be others who would charge this as an S18. But then you would have a plea bargaining point. In any event, from what you say, plea bargaining isn't appropriate because you have a defence.
If I were running this case, I would fight it and wait to see what their evidence is like. I do think the fact that they need to do ID parades suggest that they are expecting some identification issues. Also, you may not be picked out. Its harder than you think.
Anyway, the witnesses might not come or if they do they might not give evidence that the prosecution want. You'd be amazed at how many do that.
We know the CCTV is helpful. To be fair, an open handed push could be worse even though it was quite hard. Really the only problem that you have is that you will, at the moment, damage yourself when you give evidence. But it might never get that far. It might collapse at half time. If this is a pub fight then probably everybody was drunk and couldn't see everything.
my solicitor said not to worry untill your charged then he do the work. but i honestly only pushed someone and bit gutted now really if its the women i pushed. yes it was in a nightclub and bout 10people but me and my 3 mates have been questiond so far. i could not see my self on cctv at all and the boy dislocated his shoulder says he was kicked and punched by a few boys but dont have no injurys than shoulder.thanks
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).