What Charges?

BERNADETTE · 17-02-2009, 13:43

If somebody assualts you and you sustain a broken arm what should they be charged with? Would it be classed as GBH or ABH?

magpie · 17-02-2009, 13:58

ABH

Actual Bodily Harm I would think .....

emzy · 17-02-2009, 14:06

Quote:

Originally Posted by BERNADETTE

If somebody assualts you and you sustain a broken arm what should they be charged with? Would it be classed as GBH or ABH?

I hope you've not been fighting again have you Bernie???

I think its ABH but not 100%

emzy · 17-02-2009, 14:13

Found this on a site (have picked out what i thought was the most relevant)

Unlawful wounding/inflicting grievous bodily harm, contrary to section 20 of the Act Refer to (Archbold 19-200) for the law

55) Grievous bodily harm means serious bodily harm (Archbold 19-206). It is for the jury to decide whether the harm is serious. However, examples of what would usually amount to serious harm include:

injury resulting in permanent disability or permanent loss of sensory function;
injury which results in more than minor permanent, visible disfigurement; broken or displaced limbs or bones, including fractured skull;
compound fractures, broken cheek bone, jaw, ribs, etc;
injuries which cause substantial loss of blood, usually necessitating a transfusion;
injuries resulting in lengthy treatment or incapacity;
psychiatric injury. As with assault occasioning actual bodily harm, appropriate expert evidence is essential to prove the injury

This is the link for the site :

Offences against the Person: Legal Guidance: The Crown Prosecution Service

BERNADETTE · 17-02-2009, 14:14

Thanks Emzy will look at the site

MITZY · 17-02-2009, 14:45

As far as I know GBH is when done with intent ABH when you didn't intend to break the arm. Don't take this as gospel though may be wrong

emamum · 17-02-2009, 15:05

i sw them in town bernie, thats disgusting, hope its sorted!

BERNADETTE · 17-02-2009, 15:20

Quote:

Originally Posted by emamum

i sw them in town bernie, thats disgusting, hope its sorted!

Hopefully something will be done about it, not very happy to be honest

claytonender · 17-02-2009, 15:31

So what has happened?

jaysay · 17-02-2009, 17:15

Where's blazey, our resident legal eagle when you need her

mattylad · 17-02-2009, 17:19

I'd charge them with the end of a baseball bat myself

MargaretR · 17-02-2009, 17:37

For goodness sake somebody tell us what has happened?

MargaretR · 17-02-2009, 17:47

It's not like you lot to keep 'stum'
Most of us here are gonna die wondering

Polly_45 · 17-02-2009, 20:00

Quote:

Originally Posted by MITZY

As far as I know GBH is when done with intent ABH when you didn't intend to break the arm. Don't take this as gospel though may be wrong

More or less correct.Also with GBH the charge can be brought if you hit someone and break the skin.any sign of a bleed can also carry the charge of GBH,Actual covers a whole area and also with intended assault,The law change a couple of yrs ago and although the police could press charges they needed the victim to also agree to press charges,now the police can solely do it.

Royboy39 · 17-02-2009, 20:30

Quote:

Originally Posted by Polly_45

More or less correct.Also with GBH the charge can be brought if you hit someone and break the skin.any sign of a bleed can also carry the charge of GBH,Actual covers a whole area and also with intended assault,The law change a couple of yrs ago and although the police could press charges they needed the victim to also agree to press charges,now the police can solely do it.

The facts will be laid before the CPS and they will decide what charges can be brought against the accused.
Once a complaint has been made and the police think there is case to answer it is passed on to the CPS. They will decide the severity of the attack to decide GBH or ABH.