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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69772
Experience:  Over 5 years in practice.
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My son was recently assaulted by a 15 year old boy

Customer Question

My son was recently assaulted by a 15 year old boy . My sons nose was broken and he had to have an operation as his septum was put out of place and had to be put back in the center . Police are dealing with it as an ABH as they say they cannot deal with it as an GBH as broken nose is not classified as broken Bone but broken cartilidge . My son has gone through a terrible ordeal the offender intended to hurt my son by head butting him in the face . Surely this should be dealt with as a GBH . I fear the offender will get away with this due to his age ?
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
It is t particularly to do with his age although youths do generally get lesser sentences.
However, a broken nose would normally be charged as an ABH. It is just plain not a GBH. Even for adults that is the case.
Sorry if that is bad news.
Can I clarify anything for you?
Customer: replied 1 year ago.
Thank you for your response . My son had to have an operation due to the assault and prior to this my son had breathing difficulties to which he had to have over 20 operations to correct . My son also has a number of disabilities and this assault will have a massive impact on his life now . Due to his medical history would this not bump it up to an GBH ?
Expert:  Jo C. replied 1 year ago.
To be wholly honest, it remains a broken nose which is only an ABH.
It might well be a bad break but that is an aggravating feature not one that changes the offence.
Apart from anything else, the problem with over charging is that people can be acquitted because the jury don't think the injuries are sufficient to warrant the charge.