Question:

What will happen to someone who has been charged with GBH If both partie involved in the fight are guilty?

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A group lads started a fight in a nightclub for no reason on another group of boys the fight kicked of inside the nightclub(cctv in use at this time everything is on it)punches,kicks etc thrown .. one man in the group who started the fight came out with a broken jaw all other people Involved just ended up with cuts and broses etc .. 2 out of the 6 boys who did not start the fight already have convictions does anyone no what may happen to those who have no previous convictions,admittedly threw a few punches in the fight but still have been charged with gbh and face court in 4 months time?

any other information people may need to answer this question is welcome?

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2 ANSWERS


  1. As a police officer I investigated and charged a university law student with assault occasioning bodily harm after he punched a man to the ground and then kicked him twice to the head. Had the victim not already been drunk and then passed out as a result of the assault he would have almost killed him (very bloody lucky). The judge stated in his summing up 'I take into account your previous lack of criminal history and you present course of study but there is an expectation that in circumstances such as these I must hand down a custodial sentence' (2years to serve 3 months).

    My advice to you is get a good lawyer. If you were party to the assault irrespective of if you caused the GBH there is a very good chance you will do a custodial sentence (suspended maybe..)

    Provocation is does not excuse GBH (it can in the case of AOBH in certain circumstances). Previous convictions will come into account at sentencing.


  2. the ones with a conviction already and depending on why they got it in the first place decides what type of punishment they get this time, they could face a prison sentence or if the judge is having a good day could get off with a fine or community service but the ones who haven't got a conviction could be done for GBH or ABH it depends how badly the other people where hurt that they attacked but that is if it can be proved that it wasn't in self defence.They could get off with a slapped wrist if it shows they acted in self defence and if they have a clean record that will help

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