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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69360
Experience:  Over 5 years in practice.
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I was t by a guy on the side of my face and he broke my jaw,

Customer Question

I was hit by a guy on the side of my face and he broke my jaw , police say I have to decide if he is charged with gbh or abh , I have no idea what to do ??
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Hi.

They are completely wrong. If they have said anything like that then that is a nonsense. It is for the Crown to decide.

If it is just a broken jaw in one place then I would charge it as an ABH. If there are complications to the break or it is particularly prolonged I would charge it as a GBH but the truth is that it is probably top end of one or lower end of the other so there wouldn't be much difference in sentence.

This is not for you to worry about though. It is not really even from them. It is a decision for CPS.

Can I clarify anything for you?

Jo

Expert:  Jo C. replied 1 year ago.

Jo

Customer: replied 1 year ago.
But police have put awful pressure on me today saying I must decide and tell them which procecution I want them to go on ?
Expert:  Jo C. replied 1 year ago.

Well, tell them that you cannot and it is not your duty to decide.

They know that perfectly well.

Customer: replied 1 year ago.
I am only 20 and a student so I think they are treating me unfairly to make this decision ,, but I don't want this guy to get off with it ,, so what and how do I tell the police ?
Expert:  Jo C. replied 1 year ago.

tell them that you cannot and it is not your duty to decide.

Customer: replied 1 year ago.
Ok I will say this , thk u
Expert:  Jo C. replied 1 year ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer: replied 1 year ago.
Sorry one more question , am I able to claim compensation for the damage and pain caused , if so whom do I contact ??
Expert:  Jo C. replied 1 year ago.

If there is a conviction you might get a compensation order.

You could claim from criminal injuries compensation and you could sue.

In truth though, it is not likely to be a lot and probably not worth pursuing.

Customer: replied 1 year ago.
Ok thk u
Expert:  Jo C. replied 1 year ago.

No problem.

Please remember to rate my answer.

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