Change of evidence in Crown Court?

Question

My ex patrner assulted me and headbutted me he held me at knifepoint and made me phone people to say goodbye as he was going to kill me. When he was arrested he denied hitting me and said there had been no knife involved, he was charged with ABH he has been before magistrates court who have committed him to crown. He is now telling people that he did hit me because I held him at knifepoint and it was the only way he could get the knife off me and that self defence is his defence in court.

Surely someone cant change the entire story they told the police to paint themselves in a better light and hopefully get off. Wont judge and jury want to know why he did not tell the police this and is it not an offence to lie under oath anyway?

Does anyone know what kind of sentence he would be looking at if found guilty

Answer 1

The police caution on arrest includes the phrase "it may harm your defence if you fail to mention when questioned anything that you later rely on in court". I'm sure that the prosecution will have picked it up.

Answer 2

The fact that he has changed his story will be used by the prosecution. When he is taken for his police interview he is cautioned: You do not have to say anything, but it may harm your defence if YOU FAIL TO MENTION SOMETHING THAT YOU LATER REPLY ON IN COURT...".

The fact that he now appears to be relying on self defence, and did not appear to mention it previously will mean that the court can draw an inference, the inference being that he came up with this story at a later stage and may therefore be lying. He is going to have to come up with a monumental excuse for changing his story.

As for sentence, it is always difficult to say without knowing the defendant, and his history.

Answer 3

He may give a different story at court but the story he gave police will also come out. Prosecution counsel will have a field day with that, making him look like a complete idiot. The majority of the time, juries get it right and, judging by the responses so far, he will be convicted. The judge will then take into account that not only has he been violent, he's been deceitful too.

Nice to see him wriggle for a change, isn't it?

Answer 4

His original statement will be read out and then any contradiction.  This will certainly raise doubt in the jurer's minds on reliability/guilt.  Good luck and let justice prevail.

Answer 5

The prosecution will (or should) raise his previous inconsistent statement, as they are known, as evidence of his bad character and propensity to lie.  

To answer your second question, the maximum sentence is 5 years, and since there was a weapon, emotional trauma, threats etc and it was against a woman I'd have thought he would get quite close to the maximum if convicted.

Answer 6

What kind of sentence are you going to give yourself?  Will you move on from this completely and steer away from nogoodniks like this?  If you stand up confidently in court and tell the truth and have  no record of violence yourself then the jury will know who to believe.

You are better with no man than a bad one.  Start right now preparing for a new life and very good luck to you.

Answer 7

His original statement is just one piece of evidence, the jury will weigh up the likelihood that his new defence is true or not.

His solicitor has almost certainly indicated to him that his original statement was still harmful to his defence.

I advise you to tell the court all that you know to be true and hope that you can convince the jury of your honesty. If they believe you were held at knifepoint it  will have a strong bearing on his sentence.

I hate this kind of non man and I hope it turns out well for you, good luck.

Answer 8

if you email me how much previous he has,

i think i would not want to be in his shoes

crown court does not usualy deal with abh

it is cosiderered a lessor offence

same as common assault

his charge could be bigger