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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Can gbh section 20 get dropped in court if there is no DNA

Customer Question

Can gbh section 20 get dropped in court if there is no DNA no CCTV and the prosecution staetments are weak and incosistent? i have an allaby that was with me all night and is giving evidence on my behalf to say i was with them all night, 2 off the prosecution witnesses were intoxicated when they made the allegations against me, i am in court tomorrow on a not guilty plea, i have also been on bail for a year since this happened, the other witness said that they only saw someone through a keyhole not actualy me and each witness has described me wearing completely different clothes etc. what will happen?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
It can be dropped for any reason.
This would not be enough to throw a case out at half time though unless the prosecution witnesses are literally inconsistent upon points in issue.
Obviously I cannot guarantee the verdict. It depends on the jury and also the merits of the evidence. On the facts you present it looks fairly thin but I haven't assessed the case.
If they have come this far then realistically CPS are not likely to drop it I'm afraid. I would concentrate on being acquitted by the Jury.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69792
Experience: Over 5 years in practice
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Customer: replied 2 years ago.

like i said this guy who has accused me is lieng. and his 2 witnesses have given different statements of events which happend that night, if for some reason i was found guilty and i have pleaded not guilty what would be the likely sentance or would there be a suspended sentance?

Expert:  Jo C. replied 2 years ago.
it depends on the facts and your previous.
If this is a S20 GBH though then you are probably facing custody. It does depend on what is alleged. If you give me more information I might be able to offer more.
Customer: replied 2 years ago.

the only thing that has been alleged is that i aparently through this guy down some stairs and he had 9 staples in his head and claims i threw him, i only hAVE 1 PREVIOUS FOR COMMON ASSAULT 6-7 YEARS AGO

Expert:  Jo C. replied 2 years ago.
Are you charged with S18 in the alternative?
Customer: replied 2 years ago.

no just section 20

Customer: replied 2 years ago.

just section 20 without intent

Expert:  Jo C. replied 2 years ago.
It is the level of injury that is the issue. I suppose they could argue that it was premeditated but it isn't really very good.
I would expect the court to say it falls into category two and the starting point is 18 months custody for a man of good character convicted after trial. You are not of good character and your offence is relevant but it is quite old.
I would concentrate on being acquitted. The sentencing guidelines can be read any way judges want to really with this particular offence and it is very difficult to preempt what they will do.

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