Intentionally Causing Grievous Bodily Harm (GBH) If you are caught at the scene of a GBH incident, the police are likely to caution and arrest you and to cordon off a crime scene so that forensic evidence can be taken. This reflects the psychological harm that may be caused to those who witnessed the offence. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. Ultimately, whether an offence meets the criteria of GBH is for the jury to assess, applying contemporary social standards. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. Even if youve already been represented by the duty solicitor at the police station, you can instruct the team of. (e) hostility related to transgender identity. When sentencing young adult offenders (typically aged 18-25), consideration should also be given to the guidance on the mitigating factor relating to age and lack of maturity when considering the significance of such conduct. This category only includes cookies that ensures basic functionalities and security features of the website. Inflicting grievous bodily harm/ Unlawful wounding must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offenders case, and. Nick Titchener, director and solicitor advocate of Lawtons, is a dedicated criminal solicitor with considerable experience in legal cases including sexual offences, violence and assault. In all likelihood they have committed a Section 18 offence because at the time of the incident, they intended to wound them. the custody threshold has been passed; and, if so. Section 20 Assault Solicitors - Top Rated Criminal Defence Lawyers Similarly, a commitment to address other underlying issues that may influence the offenders behaviour may justify the imposition of a sentence that focusses on rehabilitation. Here is an example of the difference between the two offences: As this example illustrates, when deciding which is the appropriate charge, the jury has to try to decide upon what was in the defendants mind at the time of events. (4) For the purposes of subsection (2) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker. GBH carries a maximum penalty of life imprisonment, but in reality, most sentences range from three to sixteen years' imprisonment. If necessary, you may be transferred to hospital. Allocation, offences taken into consideration and totality, Fraud, bribery and money laundering offences, General guideline and expanded explanations in sentencing guidelines, Health and safety offences, corporate manslaughter and food safety and hygiene offences, Imposition of community and custodial sentences, Miscellaneous amendments to sentencing guidelines, Offenders with mental disorders, developmental disorders or neurological impairments, Disposals for offenders with mental disorders, developmental disorders or neurological impairments, Types of sentences for children and young people, Definitive guidelines archive of print editions, 8. This will depend on the context in which the offence occurred. iii) Where the court imposes two or more sentences to be served consecutively, the court may suspend the sentence where the aggregate of the terms is between 14 days and 2 years (subject to magistrates courts sentencing powers). What is the minimum sentence for GBH section 20? (2) The court must treat as an aggravating factor each relevant previous conviction that it considers can reasonably be so treated, having regard in particular to (a) the nature of the offence to which the conviction relates and its relevance to the current offence, and (b) the time that has elapsed since the conviction. The maximum penalty for Section 20 offences is five years imprisonment. Factors indicating an assault should be classified as a section 18 rather than a section 20 include: If an offence of GBH/unlawful wounding is racially or religiously aggravated, it can carry a maximum sentence of seven years imprisonment. When considering the totality of previous offending a court should take a rounded view of the previous crimes and not simply aggregate the individual offences. Cases falling between category A or C because: Factors in both high and lesser categories are present which balance each other out; and/or, The offenders culpability falls between the factors as described in high and lesser culpability, Impulsive/spontaneous and short-lived assault, Mental disorder or learning disability, where linked to the commission of the offence, Particularly grave and/or life-threatening injury caused, Injury results in physical or psychological harm resulting in lifelong dependency on third party care or medical treatment, Offence results in a permanent, irreversible injury or condition which has a substantial and long term effect on the victims ability to carry out their normal day to day activities or on their ability to work, Offence results in a permanent, irreversible injury or condition not falling within category 1, The seriousness of the offence should be the. must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function, Significant degree of planning or premeditation, Victim obviously vulnerable due to age, personal characteristics or circumstances, Use of a highly dangerous weapon or weapon equivalent*, Use of a weapon or weapon equivalent which does not fall within category A. The most serious sentence that you could face for GBH under Section 20 is 5 years custody. Seriously harming a victim without intent is classified as a Section 20 assault a less serious form of GBH. Aggravating factors would include previous convictions of a similar nature, if children were present when the offence was committed, and if the offence was committed whilst under the influence of alcohol. This offence is . It includes, among other things, harm caused through violence such as through punching or kicking. What is worse GBH or assault? *The maximum sentence that applies to an offence is the maximum that applied at the date of the offence. In all cases, the court should consider whether to make compensation and/or other ancillary orders. (2) If the offence was committed against an emergency worker acting in the exercise of functions as such a worker, the court, (a) must treat that fact as an aggravating factor, and, (3) The offences referred to in subsection (1) are, (a) an offence under any of the following provisions of the Offences against the Person Act 1861. (b) must state in open court that the offence is so aggravated. The courts have determined that GBH does not need to cause permanent or dangerous harm and that an assault does not need to have been committed for an incident to comprise GBH. The victims age, health and other personal factors are relevant when considering whether the appropriate charge is ABH or GBH. Forfeiture and destruction of goods bearing unauthorised trade mark, 17. For example, if you say that you committed the assault in self-defence, it is usually a good idea to raise this at the first opportunity. Quick Answer: What Is Gbh Charge - BikeHike It can include a small cut or laceration. The sentencer should state in open court that the offence was aggravated by reason of race or religion, and should also state what the sentence would have been without that element of aggravation. An offender who has voluntarily consumed drugs and/or alcohol must accept the consequences of the behaviour that results, even if it is out of character. Your fingerprints and other biometric information will be taken. These are specified offences for the purposes of sections 266 and 279 (extended sentence for certain violent, sexual or terrorism offences) of the Sentencing Code. Where the offender is a care leaver the court should enquire as to any effect a sentence may have on the offenders ability to make use of support from the local authority. These examples are not exhaustive and do not necessarily indicate that abuse of trust is present. Inflicting grievous bodily harm/ Unlawful wounding/ Racially or The emotional and developmental age of an offender is of at least equal importance to their chronological age (if not greater). (a) references to a racial group are to a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins; (b) references to a religious group are to a group of persons defined by reference to religious belief or lack of religious belief; (c) membership in relation to a racial or religious group, includes association with members of that group; (d) disability means any physical or mental impairment; (e) references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment; (f) presumed means presumed by the offender. The GBH or wounding must be caused either with an intent to cause some injury or with knowledge that injury was likely. However, this would depend on the circumstances and especially the specific mental intention of the defendant at the time of their action. In accordance with section 120 of the Coroners and Justice Act 2009, the Sentencing Council issues this definitive guideline. Unlike ABH, there is a question of intent. If you are charged, you will then either be remanded in custody, or released on bail. Section 64 of the Sentencing Code states: In considering the seriousness of any offence committed while the offender was on bail, the court must - (a) treat the fact that it was committed in those circumstances as an aggravating factor and (b) state in open court that the offence is so aggravated. If tried and found guilty in a magistrates court, the maximum penalty is a custodial sentence of six months and/or a fine. Section 20 is when it's grievous bodily harm without intent. Section 59(1) of the Sentencing Code provides that: unless the court is satisfied that it would be contrary to the interests of justice to do so.. Racial or religious aggravation formed a significant proportion of the offence as a whole. This is your role in the offence. (v) hostility towards persons who are transgender. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. When assessing whether a previous conviction is recent the court should consider the time gap since the previous conviction and the reason for it. Section 20 of the Offences against the Person Act 1861 Grievous Bodily Harm (GBH) is more serious than ABH carrying a maximum sentence of 5 years imprisonment/unlimited fine (7 years if racially aggravated). Under Section 20 GBH, the defendant lacks the necessary mens rea the knowledge or intention of wrongdoing for the more serious offence, meaning the defendant did not have the intention. In the case of a person addicted to drugs or alcohol the intoxication may be considered not to be voluntary, but the court should have regard to the extent to which the offender has sought help or engaged with any assistance which has been offered or made available in dealing with the addiction. The case may later be transferred to the Crown Court. (2) The court, (a) must treat the fact that the offence is aggravated by hostility of any of those types as an aggravating factor, and. Sentencers must consider all available disposals at the time of sentence; even where the threshold for a community sentence has been passed, a fine or discharge may be an appropriate penalty. Destruction orders and contingent destruction orders for dogs, 9. Olliers assisted in securing a suspended sentence following a guilty plea by a defendant facing a charge of s.20 assault where a young child was injured. What constitutes GBH with intent: Section 18 or Section 20? Where an offender has used their good character or status to facilitate or conceal the offending it could be treated as an aggravating factor. the effect of the sentence on the offender. In particular, they can have the effect of restricting the offenders liberty while providing punishment in the community, rehabilitation for the offender, and/or ensuring that the offender engages in reparative activities. Burglary, Theft and Criminal Damage Solicitors, Serious Violence & Assault Resources & Insights, Serious Violence & Assault News & Stories. We also use third-party cookies that help us analyze and understand how you use this website. Where the offender is dealt with separately for a breach of an order regard should be had to totality. Any appropriate rehabilitative requirement(s), Curfew requirement for example up to 16 hours per day for a few weeks**, Curfew requirement for example up to 16 hours per day for 2 3 months**, Exclusion requirement lasting in the region of 6 months, Curfew requirement for example up to 16 hours per day for 4 12 months**, Exclusion requirement lasting in the region of 12 months.
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