Wounding with intent - how difficult to prove?

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Wounding with intent - how difficult to prove?

Hi, I am new here so please be gentle if I don't explain things very well - have read a few q's and a's and noticed that a lot of you seem quite knowledgable on matters of law so hoped I might get some good advice; my oh was attacked 7 weeks ago - we knew the defendant a little through members of his family that we are friendly with and had been to his brother's bd party that night - when my oh greeted said defendant he was quite aggressive - there was no reason for this, can only guess he may have been jealous at oh greeting his wife (he is known to be v jealous and violent) anyway, we took no notice but when party ended and we were waiting for a taxi on the street, a voice called my oh's name - he went to see who it was, thinking it was someone having a joke whilst I stood talking to friends then defendant jumped out from behind a car and hit oh over the head with a brick - he suffered fractured skull and eye socket and still unable to work, may need op on eye. Attacker has been bailed but not yet charged as police are waiting for dna etc but they said they want to charge him with 'wounding with intent' - he apparently is saying he only punched oh and he 'must have hit his head on the floor' - will it be easy to prove how he was hit, I really don't want him to go unpunished? (sorry for long q!)

8 hours ago - 3 days left to answer.

Additional Details

7 hours ago

Thanks for your replies, have tried to rate answers but not allowed to yet. Should have added that We live in Uk, and as far as I can make out the charge of wounding with intent is contrary to s18 offences against the person, same a s gbh with intent. The nasty piece of work who did this to my oh has previous - him and another killed a man some years ago by fracturing his skull but apparently the charge was dropped to gbh

Answer 1

You are the key to this. You saw it happening and your evidence will get justice.

Answer 2

"Don't know,I'm more of an intent man myself"

Answer 3

Rest assured that the police will charge him with the most serious offence that the CPS imagine will have the best chance of a successful prosecution.

Answer 4

First most important thing is that there were witnesses.  Independent ones are best too.  With good witnesses you can prove that the assault actually happened in the first place.  However, it is important to bear in mind that there are more elements to this law.

You would have to prove that the assault either caused grievous bodily harm or wounding.  Wounding technically means broken skin but realistically the CPS will not charge with wounding unless it is a serious cut/wound.  It sounds like with the injuries your other half has, it would be wounding or GBH.  More likely GBH if he has fractured eye socket/skull.

The final (most difficult) part to prove is the INTENT.  This is difficult as you have to prove what was going on in his head at the time of the assault.  What will help your case is that he used a brick in that surely it is obvious to anyone that if you hit someone in the head with a brick it is likely to cause serious lasting harm.

Important issues for you consider are..  Are there any more witnesses?  You and your man may or may not be enough as you are not independent.  Especially if there is any history between either of you and the offender.  Further witnesses will add credibility and weight to the seriousness of the assault.  Were there any other friends there who don't want to get involved?  If so tell the police and they will get in contact with them.  I stress this because you will have to prove that he struck him with a brick rather than his fist. VERY IMPORTANT.  

This is a serious matter and your other half may have long lasting injuries.  That said, your evidence alone could be enough to prosecute him.  It depends on the case.

Also.  You have to help the police as much as possible.  You hold the important evidence they need.  For example, whenever you have to go to hospital for treatment, talk to the doctor about releasing the medical records to the police and CPS.  They are unlikely to charge him without this information as the level of the injury must be proved.

If he is not charged with wounding/GBH with intent.  This may be because the intent can't be proved.  Therefore he may still be charged with assault occasioning GBH/wounding (without intent), or ABH or at worst (and unlikely) common assault.  These three are all different levels of assault in terms of injury.

Finally.  The police and the CPS will do as much as they can to charge with the most severe offence provided that the evidence is available.  Also the courts will take the matter very seriously.  Wounding with intent carries a maximum penalty of life imprisonment, although there is no chance whatsoever he will get this sentence in this case.  However the is a strong likelihood of a prison sentence of some sort, especially if he has previous convictions for similar offences.

If for some reason the offender is not convicted, and bear in mind this can take several months and in cases over a year.  You may still be able to claim compensation through the CICA (criminal injuries compensation authority).  Speak to your local police witness care officers about this.

Good luck!