bigmandave777
Badges: 0
Rep:
?
#1
Report Thread starter 4 years ago
#1
Hello, I am 16 years old and have been arrested and granted bail on conspiracy to commit gbh.

I was not involved in any violence, I just attended and videoed the fights (although I didn't know the fight was happening until I arrived that day)

Could I actually get charged for gbh even though I committed no violence and had no idea about the fight? Or am I being used as a witness?

Please help!! I'm so scared! Thank you!
0
reply
_Fergo
Badges: 19
Rep:
?
#2
Report 4 years ago
#2
(Original post by bigmandave777)
Hello, I am 16 years old and have been arrested and granted bail on conspiracy to commit gbh. I was not involved in any violence, I just attended and videoed the fights (although I didn't know the fight was happening until I arrived that day) Could I actually get charged for gbh even though I committed no violence and had no idea about the fight? Or am I being used as a witness? Please help!! I'm so scared! Thank you!
Firstly, I'd like to clarify that I'm just a law student. You should get professional advice given how serious the offence is.

But, under s20 of the Offences Against the Person Act 1861, "whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm on any other person, either with or without a weapon or instrument, shall be guilty of a misdeamenour". [Note s18 too, even more serious, but requires straight out intention to maliciously wound or inflict GBH - this can literally be making someone bleed intentionally]

HOWEVER, under s8 of the Accessories and Abettors Act 1861, one may also be charged for aiding, abetting, counselling or procuring the principal act. This means that if any of your actions can be seen to have assisted the 'principal', you will be charged with the same offence as he or she did. The extent to which you assisted them is irrelevant, provided you did one way or another 'assist' them. Taking video of someone inflicting GBH can be seen as encouragement.

Now, since the 2015 Supreme Court judgment of Jogee, one must intend that the principal commit the offence - foresight, while strong evidence with regards to such intention, is insufficient on its own. This is therefore where the burden falls - and it will depend upon the judge.

Once again, I'm just a law student - this is a serious issue and you should most definitely seek professional advice.
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Feeling behind at school/college? What is the best thing your teachers could to help you catch up?

Extra compulsory independent learning activities (eg, homework tasks) (5)
4.31%
Run extra compulsory lessons or workshops (19)
16.38%
Focus on making the normal lesson time with them as high quality as possible (21)
18.1%
Focus on making the normal learning resources as high quality/accessible as possible (15)
12.93%
Provide extra optional activities, lessons and/or workshops (35)
30.17%
Assess students, decide who needs extra support and focus on these students (21)
18.1%

Watched Threads

View All