Please help with my GBH case!

Announcements
    • Thread Starter
    Offline

    0
    ReputationRep:
    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!
    Online

    3
    ReputationRep:
    (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.
 
 
 
Write a reply… Reply
Submit reply

Register

Thanks for posting! You just need to create an account in order to submit the post
  1. this can't be left blank
    that username has been taken, please choose another Forgotten your password?
  2. this can't be left blank
    this email is already registered. Forgotten your password?
  3. this can't be left blank

    6 characters or longer with both numbers and letters is safer

  4. this can't be left empty
    your full birthday is required
  1. Oops, you need to agree to our Ts&Cs to register
  2. Slide to join now Processing…

Updated: September 29, 2016
TSR Support Team

We have a brilliant team of more than 60 Support Team members looking after discussions on The Student Room, helping to make it a fun, safe and useful place to hang out.

Poll
Would you prefer to be told about sex by your:
Useful resources

The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

Quick reply
Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.