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  • charged with wounding…..
  • ton
    Full Member

    anyone know if you can be charged with wounding if the person charged only used their hands to inflict injury.

    tails
    Free Member

    nbt
    Full Member

    Depends if the person assaulted was wounded or not…

    Yes is the short answer

    DaveGr
    Free Member

    can't you phone a call centre solicitor to answer this type of question ?

    BoardinBob
    Full Member

    Police been back round to see you 😆

    ton
    Full Member

    a friend thumped his ex wifes new fella, knocking out 2 front teeth.
    he has been charged with wounding…
    i thought this would have been assault??

    wombat
    Full Member

    IIRC If visible blood is drawn as a result of the attack it's usually wounding.

    A cut inside the mouth counts as visible, internal bleeding or bruising doesn't so would fall under assault

    TandemJeremy
    Free Member

    Assault is merely touching without consent. ( one definition)

    If he damaged him its far more than assault. Malicious wounding? GBH? Thats permanent lifelong damage. He will be in big trouble.

    ernie_lynch
    Free Member

    a friend thumped his ex wifes new fella

    Why ……. isn't anyone allowed to go out with his ex-wife ?

    Your mate sounds like a right ****. Let him sort out the problems he has with the old bill himself.

    thegreatape
    Free Member

    Wouldn't usually refer to Wikipedia but the first few sections of this do explain it fairly well.

    Furthermore the charge would have been decided by a CPS lawyer, so should be that which most accurately reflects the evidence.

    househusband
    Full Member
    ton
    Full Member

    ernie, you nobber 😆
    wonder if he had a reason?

    ton
    Full Member

    A bruise or internal rupturing of blood vessels is not a wound,[3] and neither is a broken bone.[4]

    not wounding then.

    ernie_lynch
    Free Member

    wonder if he had a reason?

    Well you didn't say that your mate decked some geezer cause he spilt his pint. The important point appears to be that he's going out with his ex-missus.

    I don't like him already. And I can see that his ex-wife is well shot of the loser. I hope she makes something of it with her new toothless lover.

    TandemJeremy
    Free Member

    Read househusbands link – bleeding cut is only one definition

    Grievous bodily harm means serious bodily harm (…………… However, examples of what would usually amount to serious harm include:

    * injury resulting in permanent disability or permanent loss of sensory function;
    * injury which results in more than minor permanent, visible disfigurement; broken or displaced limbs or bones, including fractured skull;
    * compound fractures, broken cheek bone, jaw, ribs, etc;
    * injuries which cause substantial loss of blood, usually necessitating a transfusion;
    * injuries resulting in lengthy treatment or incapacity;

    Two teeth knocked out meets all the criteria in bold IMO

    Clear GBH

    Edit – the cpos decides what the charge will be and they only go for charges they think they can get a conviction on. Knocking out two teetth is clear GBH ( and is the behaviour of an utter shite to do)

    he will be lucky to avoid doing time and will gt a big fine and will be paying for the medical treatment the chap needs – many thousands and many thousands of compensation.

    An utter thug who deserves to go down. IMO of course and yes I don't know all the details

    ernie_lynch
    Free Member

    I wonder if there's a CPS lawyer on a forum somewhere right now, asking the exact same question.

    I hope he's had as much luck as ton with the answers.

    ChubbyBlokeInLycra
    Free Member

    I don't like him already. And I can see that his ex-wife is well shot of the loser

    Well I bet there's some sleep being lost over that

    JacksonPollock
    Free Member

    Assault can be verbal as well. The charge will more than likely be 'Assault & Battery'.

    IIRC If visible blood is drawn as a result of the attack it's usually wounding

    This is often applied to determine the difference between GBH & ABH.
    In your mates case (depending on the evidence), if they cannot go with GBH they will probably pursue a charge of wounding with intent to cause GBH.

    They can charge him but the evidence will go before the CPS who will decide (applying their own tests) if there is a prosecutable case to answer.

    I'd advise he keeps schtum until he has a solicitor, who can then advise based upon the facts of the case.

    ton
    Full Member

    teej, answer me this.
    when we all evolve into soft non violance types will our balls shrivel and drop off…… 😉

    ernie_lynch
    Free Member

    Well I bet there's some sleep being lost over that

    Well not unless ton tells him.

    ton ….. tell him there's a geezer on the internet who reckons he's a ****

    shoefiti
    Free Member

    Well you didn't say that your mate decked some geezer cause he spilt his pint. The important point appears to be that he's going out with his ex-missus.

    I don't like him already. And I can see that his ex-wife is well shot of the loser. I hope she makes something of it with her new toothless lover.

    Errmmmm…… what if for instance his ex-wife has a new fella that beat up on his & ex-wifes kid? That happaned to a friend of mine and he half killed the guy when he found out, I certainly didn't think he was acting like a cock in doing so.

    Just saying – you don't know the facts do you.

    ton
    Full Member

    ernie, dont think he would mind, i call him that everytime i see him.
    also dont think he would be bothered if it was gbh, wounding or assault.
    i was just curious. i thought wounding involved a weapon, like a knife, glass, bottle whatever…

    ernie_lynch
    Free Member

    what if for instance his ex-wife has a new fella that beat up on his & ex-wifes kid?

    ton referred to the ex-wife's "new fella". Obviously the fact that he's the "new fella" is the important fact ……otherwise he would of talked about some bloke who beat up his kids.

    That's enough evidence for me ……….. I hope he goes down for it.

    JacksonPollock
    Free Member

    btw GBH is an indictable only offense, meaning if he is to be prosecuted on a charge of GBH he will be put before a judge and jury (crown court)…

    More of a chance of being acquitted than in the Magistrates, however if found guilty the punishments are more severe.

    esselgruntfuttock
    Free Member

    "The charge will more than likely be 'Assault & Battery'"
    That's strange, because although I don't look into every prisoner's offence, I've never actually seen/noticed anyone in prison for 'assault & battery' but I've seen 'assault' or 'battery'. Usually though it's GBH or ABH. Very few for 'battery' alone. Depends on the magistrate/court/judge i suppose.
    Oh, & I forgot, there's quite a few 'Wounding With Intent' in as well

    shoefiti
    Free Member

    ton referred to the ex-wife's "new fella". Obviously the fact that he's the "new fella" is the important fact

    Ok, so what if her new fella beat up on her? Just saying that there is some facts missing here, and a reason for him acting this way. I'm with you 100% that violence is pretty much inexcusable, but sometimes there is a reason that people act in this way. If it's just sour grapes or jeliousy then i hope he gets what coming to him too – don't get me wrong.

    steve_b77
    Free Member

    Just get Steven Gerrards Lawyer on the case, he can get a guy off punching someone, being physically restrained from doing it again and being caught on CCTV in a busy bar woth loads of witnesses. (probably)

    JacksonPollock
    Free Member

    That's strange, because although I don't look into every prisoner's offence, I've never actually seen/noticed anyone in prison for 'assault & battery' but I've seen 'assault' or 'battery'.

    Yeah its a strange one, but as assault can also be verbal, it is very difficult to prove without the battery element.

    Junkyard
    Free Member

    ernie does not need facts to provoke a reaction , well done all for failing to bite again 🙄

    ton
    Full Member

    think i was something to do with the kids.
    says he is gonna deck the bloke everytime he sees him..
    proper head the ball behaviour that i think…

    ernie_lynch
    Free Member

    Ok, so what if her new fella beat up on her?

    Look, the bloke hit another geezer, he knocked two of his front out, he's been charged with wounding, plus, as he's one of ton's mates, he probably a pikey.

    What more proof do you want ffs ?

    pstokes99
    Free Member

    i was just curious. i thought wounding involved a weapon, like a knife, glass, bottle whatever…

    the use of a 'weapon' would be an aggrvating factor and would be taken into when sentencing if/when found guilty

    btw GBH is an indictable only offense

    I thought it was an 'either way' offence (s.20 OAPA), however it is some time since I have looked into such matters and I'm a wrong a lot of the time.

    thegreatape
    Free Member

    Edit – the cpos decides what the charge will be and they only go for charges they think they can get a conviction on

    Not in England TJ which, if the charge is wounding (ie. S18 or S20 OAPA), is where ton's mate is. CPS decide the charges in England.

    In Scotland, where I think you are, the police charge with what they think is appropriate, usually the highest the evidence justifies, then the PF reviews the evidence and amends the charges as necessary if the police were off target.

    esselgruntfuttock is correct about assault and battery being different things. Battery consists merely in unlawfully touching another (thus no particular injury is necessary), and is distinguished from assault, where the victim is caused to apprehend the immediate commission of a battery. You then step up to ABH, onto GBH, GBH with intent and so on.

    ton
    Full Member

    ernie, no need for the pikey bit..

    JacksonPollock
    Free Member

    [/quote]Battery consists merely in unlawfully touching another (thus no particular injury is necessary)

    So have you ever charged for assault or battery separately (and gained a conviction)?

    thegreatape
    Free Member

    Never charged anyone with assault just for scaring someone, you'd go with a public order offence for that.

    For assaults resulting in minor injury, used to charge with Section 39. Just to confuse things, the wording of that charge ended '…and did beat him/her' rather than the word 'batter'.

    Been in Scotland a while now which is different laws altogether.

    ernie_lynch
    Free Member

    think i was something to do with the kids.
    says he is gonna deck the bloke everytime he sees him..

    ton – you only "think" it has something to do with the kids ?

    Tell you what, why don't you next time he says that he's going deck the bloke every time he sees him, ask him ? Just say, "what exactly did this geezer do to upset you so much mate?" Or do your mates say that sort of stuff so often that you don't think of asking them ?

    ton
    Full Member

    ernie, what are you implying

    ernie_lynch
    Free Member

    I'm implying that you're trolling mate. I'm sure you've got a mate who's been charged with wounding, but you know as well as I do, that the person who decided the charge knew what they were doing – there's no need ask : "anyone know if you can be charged with wounding if the person charged only used their hands to inflict injury." on a cycling forum, you know that the answer is yes ….. because your mate's been charged under those circumstances.

    The thread was for reaction imo, but unlike tails, I love your trolling. As I've said before mate, you're the most lovable troll on here 😉

    ton
    Full Member

    chat forum…

Viewing 40 posts - 1 through 40 (of 56 total)

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