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Holiday while on bail / getting a court hearing ajourned.


duffy1807
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Hey guys,

 

I have a few issues, Basically whats happend is, i am getting charged with 2 X ABH, section 47. but were trying to fight one to drop to secion 39 which i think is common assault.

 

The statements, are made UNTRULY , unprovoked attack and made it sound VERY bad for me. Statements against me , are kicking in the head while the victim's were helpless on the floor which is a load of ****, i cant beleive it!!!!

 

NO KICKS AT ALL were involved in the fight on both victims, but the statements say i do kick them. but this is proved on CCTV, which is more than likely getin shown in crown courts. very soon (3rd march).which will be my 1st hearing. (i have no idea what we do, i know i dont enter a plea)

 

what can i say? , I am NO WHERE NEAR a violent person, in any way shape or form. i am 20 & I am the total opposite, get along with many people, but dont socialise due to the medical problem i have :(

 

Since young for many years about 8, i have been an easy target for everybody to pick on me, and bully me & been the number one target throughout school & college for everyone to victimise me. I have also been severely beat up a numourous occasions. due to an unhelped and no fault of my own medical problem which is acne :(

 

I really do think to my self is life really worth it, the cure for acne can go on, and on. and its simply doing my head in and i have wanted to end my life so many times but i just cant do that, i just live with all the suffering i go through.

 

So what happend?????? - On a night out, a couple of guys made fun of me about my acne, who i was next to outside a kebab shop. i stood up for my self, then i was pushed down to the floor. i stood up and, he offerd my a fight. so i had him a fight.

 

my mate started fighting to, because both of the lads, were in his face too. so everybody is fighting. about 1 minute into the fight. CCTV just starts to show the fight, by this time, i have the upper hand on the lads who started the fight. The lads were then backing away for the simple face that they are loosing.

 

I carry on going for the lads in the fight, (which is when the CCTV starts to film the fight) the victims backing off and me & my mate going for them. the adrenalin that was going through my body was unbeleive, i kept thinking to my self, i cant handle this any more, its getting to me so much ive nearly ended my life due to the bullying i have experianced.

 

about 3 minutes into the fight, the CCTV shows about 10 punches from me hitting this other lad, and he wasnt able to fight back. my mate had ran off for some stupid reason. so i ran after him up to the top of the street.

 

We then, talked about what happend, and (me personally feel that they deserved it), but i do say to my self, i went too far, It hurt me doing that to the people but i was so pee'd off at the time, but i couldnt help myself, i really wanted to stop but i couldnt.

 

about 5 minutes later, we go back to the same street for a taxi, and notice the two lads again. 1 of the lads coverd in blood (the CCTV had seen my fight with), and the other who wasnt hurt (the lad i orginally started to fight with)..

 

The lad who looked really bad, my mate said we defiantly need to see if he is OK, because he looks seriously bad, which made me feel bad. we go back and the CCTV shows all this, were talking for about 3 minutes, and the lad who wasnt hurt to bad, started to skit my complextion again calling me spoty , pizza face , and i felt angry again, he then says it again. (this

 

which i punched him 4 times, then the fight went inside then police arrived.

 

 

What am trying to imply is, i know i am in the wrong, i was just so angry about what got said to me, the guys should never of said the comments made to me which i realiased to my self i just had enough of it, i couldnt resist my self, as much as i wanted, but my adrenalin was too much for me to handle.

 

I am on holiday 31st march which has been booked before the inncident, and my mum and dad paid for me for my 21st birthday. I have never been in trouble with the police before, what do you guys think i will get? and is it possible to work around my holiday, as my mum and dad paid a fortune for me. :(:(:(

 

I totally regret everything that happend that night, and wish nothing did happen.:(:mad:

 

thanks for reading guys:)

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The injuries sound too severe for common assault you will be lucky to have them dropped from ABH.

Did you have an earlier appearance at Magistrates ?

Has any pleas been entered yet ?

 

You dont say whether this hearing is for trial or not.

 

Sentence will obviously depend on the strength of your defence-theres not really a lot of mittigating factors you can rely on.

In my opinion the most serious part is when you went back a second time and hit the guy again-they wont view this very good.

The Judge will take into account your previous and also your cooperation with the Police after you was arrested.

You dont need me to tell you,Courts are taking a tough line on street violence so dont expect any leniency.

Your brief is probably best advised to give you some thoughts-he will know the Court and no doubt sentencing policies.

If there is adjournments on the 3rd March your bail should continue as before but you will need to make the Court aware of your holiday-since the bail conditions will set out your residence.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

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my barister says, that 1 of the lads injuries are too severe for ABH to be dropped, but the other lad may possibly be able to get away with common assault (which obv course i very much hope so) as he mainly just had 1 or 2 cuts,

 

 

There defiently isnt much i can count on in court, apart from my word against theres, but it really doesnt look promising.,

 

at the moment my bail is unprobational bail which i was told i am allowed to leave the country.

 

i have had two hearings at magistrates, (no plea up to now, going to plead guilty on my story i.e no kicks where made ect) my 1st appaearance to crown court is 3rd march. I dont really know what happens after this as i have never been in trouble before with the police.

 

I think it is a trial that i have to undergo.

 

Does anybody know what type of punishment, to look at ? my barister said 12 months to 2 years, !!!!!!but surely not!!!!!!!!! My barrister is phoning my college up to get in touch with my teachers for references aswell as getting a medical report from my doctor. which is good for me because, my teacher knows excactly that i am no where near a violent person,

 

my teachers thinks, probation & fine.

 

The thing is, i am on a 1st year of a level 4 degree course, that student finance has paid for me (loan). i previous to that i had done a 2 year national dimploma which i passed in in the same institutation. and previous to that i was a different college catching up on my GCSE's as school didnt go too well for me..

 

thanks everybody

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I can't comment on the legal side, but i don't think you need anyone here to tell you this is looking bad for you. From what I've read, the CCTV shows you punching this guy ten times, then running away, then later on going up to them again, and start punching him again. I don't think you'll get any of them dropped to common assault, by going by the CCTV, it looks as if you've started it, and gone after them to continue the attack. Thing is, if you had walked away when you saw them the second time, you wouldn't be in this position. You must've known when you saw them, that there was a chance of it all kicking off again, because, as you say, the adrenaline was flowing.

 

I understand you've probably been picked on for many years because of acne, but in town centres, late at night, you have to learn to let things go. I know they pushed you to the floor, and you feel that you should defend yourself, but in this day and age, the Police take a dim view on assault.

 

I'm not going to be insulting to you, as you probably feel bad about it enough. All I'll say is good luck, as you're going to need it.

Edited by skonk
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You've inflicted these injuries on someone, for whatever reason (I was severely bullied for a VERY long time and managed not to even come close to hurting anyone), you're looking at a prison sentence (not for me to comment on whether or not this is fair) because of the severity of the injuries you've inflicted, and you're worried about a HOLIDAY???? If I were you I would be very careful the prosecution barrister/whatever they're called doesn't get hold of this thread, they will use it in court to make you look callous and unremorseful as well as violent.

 

People never cease to amaze me.

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I agree the holiday is the least of your concerns. It's ok saying you feel bad about what's happened, but imagine how the other lad feels, the one you repeatedly punched, then went back and done it again? Your post does sound like you're only concerned about your holiday, and what your parents will say. Do they know about this incident?

 

edit:Just seen the new post.

 

You say he mainly had 1 or 2 cuts, so it may be common assault, I beg to differ. They will take into account the condition of the other guy as well.

 

Your teacher thinks probation and a fine, does he? Is he a judge? That's what he may do, but a judge sees it differently. You say it's good for you as your teacher can say you're not a violent person. Thing is, just because you're quiet and normal in class, doesn't mean anything. The court will see your actions on the CCTV, and it's the second attack that is going to make it worse for you. This looks like a pre-meditated attack on someone who has already had a good hiding. It will look to the judge like you've gone back for more. That's how the courts will see it.

 

I can't see your degree/education being a factor in getting you off. Don't forget, the courts aren't there to hear how much of a nice person you are. They are there to make judgement on an assault, then another assault, where in both, you have came out on top. The other lads in question are obviously going to say that they walked away and you came looking for them. Even by you saying that were insulting you again, so you punched them again, it's just not going to look good on you.

Edited by skonk
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