Suspended sentence for Grievous Bodily Harm at Chesterfield Chesterfield crime solicitor David Gittins Chesterfield Crime Solicitor David Gittins recently represented a young man before Chesterfield Magistrates Court. Where any such actions are the subject of separate charges, this should be taken into account when assessing totality. 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. 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. New Sentencing Guidelines for ABH, GBH and GBH With Intent This guideline applies only to offenders aged 18 and older. In considering this the court must NOT consider any licence or post sentence supervision requirements which may subsequently be imposed upon the offenders release. For the purposes of GBH, wounding is defined as a break in the skin. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. A community order must not be imposed unless the offence is serious enough to warrant such a sentence. If you have been charged with GBH, you are probably feeling stressed and anxious regarding the upcoming trial. Whether the Magistrates' Court is prepared to deal with the matter will depend upon the circumstances of the case and the nature of the injuries sustained. Where custody is unavoidable consideration of the impact on dependants may be relevant to the length of the sentence imposed and whether the sentence can be suspended. A Guide to Grievous Bodily Harm (GBH) Defences - Stuart Miller Solicitors The GBH or wounding must be caused either with an intent to cause some injury or with knowledge that injury was likely. All cases will involve really serious harm, which can be physical or psychological, or wounding. Inflicting grievous bodily harm/unlawful wounding, Offences against the Person Act 1861 (section 20) Racially or religiously aggravated GBH/unlawful wounding, Crime and Disorder Act 1998 (section 29) Triable either way Section 20 Maximum: 5 years' custody Offence range: Community order - 4 years 6 months' custody Section 29 This includes wounds caused by a knife or other weapon even where the injury was minor, in order to reflect the seriousness of being wounded by an offensive weapon. GBH can be committed in two ways, which affect the level of severity of offence. (ii) hostility towards members of a religious group based on their membership of that group. If an adjournment cannot be avoided, the information should be provided to the Probation Service in written form and a copy retained on the court file for the benefit of the sentencing court. In all likelihood they have committed a Section 18 offence because at the time of the incident, they intended to wound them. (iv) section 47 (assault occasioning actual bodily harm); (c) an inchoate offence in relation to any of the preceding offences. A custodial sentence must not be imposed unless the offence or the combination of the offence and one or more offences associated with it was so serious that neither a fine alone nor a community sentence can be justified for the offence. Home > Knowledge Centre > What does it mean to be charged for GBH without intent under UK law? Suggested starting points for physical and mental injuries, 1. (g) unlawfully causes any explosive substance to explode; or (h) sends or delivers any explosive substance or other dangerous or noxious thing to any person; or (i) causes any such substance or thing to be taken or received by any person; or (j) puts any corrosive fluid or any destructive or explosive substance in any place; or See also the Imposition of community and custodial sentences guideline. What is worse GBH or assault? The court should determine the offence category with reference only to the factors listed in the tables below. Pay for any outstanding fees quickly and securely by clicking below. (6) This section has effect in relation to a person who is convicted of the offence on or after the date on which section 156 of the Police, Crime, Sentencing and Courts Act 2022 comes into force. This category only includes cookies that ensures basic functionalities and security features of the website. There may be many reasons for these differences, but in order to apply the guidelines fairly sentencers may find useful information and guidance at Chapter 8 paragraphs 186 to 194 of the Equal Treatment Bench Book. Section 20 Assault and Section 18 Assault - Grievous Bodily Harm If, instead, they tackle their partner to the floor, intending to restrain them and in doing so their partner hits their head causing bleeding from the skull, the defendant could be charged under Section 20. Section 20. do inflict injuries which are seriously detrimental to the health of the victim, but in these cases the defendant has no mens rea (knowledge or intention of wrongdoing), and sentences are capped at five years imprisonment. Care should be taken to avoid double counting where the statutory aggravating factor relating to emergency workers or to those providing a public service, performing a public duty or providing services to the public applies. Grievous Bodily Harm without Intent Solicitors When it is a case of GBH with intent, the defendant must have intended that the consequences of the assault were going to cause very serious bodily harm. What does it mean to be charged for GBH without intent under UK law? Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. The legislation states that you commit GBH when you unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument.. Imposition of fines with custodial sentences, 2. It can include a small cut or laceration. There will always be a need to balance issues personal to an offender against the gravity of the offending (including the harm done to victims), and the public interest in imposing appropriate punishment for serious offending. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. It also includes wounding, for example by cutting or stabbing. History of violence or abuse towards victim by offender. If they were responding to violence used by their partner, they may be able to rely upon the defence of self-defence. For example, a person punched somebody, and they fell and caused a wound or severe injury. Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 131 to 137). Where the GBH is racially or religiously aggravated, the maximum sentence is 7 years custody. the custody threshold has been passed; and, if so. There is a greater capacity for change in immature offenders and they may be receptive to opportunities to address their offending behaviour and change their conduct. If a PSR has been prepared it may provide valuable assistance in this regard. (2) If the offence was committed against a person providing a public service, performing a public duty or providing services to the public, the court. Where an offender is being sentenced for a non-imprisonable offence, there is no power to make a community order. The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: disability, sexual orientation or transgender identity, Offence was committed against an emergency worker acting in the exercise of functions as such a worker, Offence was committed against person providing a public service, performing a public duty or providing services to the public, Offence committed against those working in the public sector or providing a service to the public or against a person coming to the assistance of an emergency worker, Offence committed in prison (where not taken into account as a statutory aggravating factor), Any steps taken to prevent the victim reporting an incident, obtaining assistance and/or from assisting or supporting the prosecution, Commission of offence whilst under the influence of alcohol/drugs, Offence committed whilst on licence or post sentence supervision, Failure to comply with current court orders, No previous convictions or no relevant/recent convictions, Mental disorder or learning disability, where not linked to the commission of the offence, Sole or primary carer for dependent relative(s), Determination and/or demonstration of steps taken to address addiction or offending behaviour, Serious medical conditions requiring urgent, intensive or long-term treatment. Penalty notices fixed penalty notices and penalty notices for disorder, 7. This field is for validation purposes and should be left unchanged. Do I need a solicitor for a GBH allegation? In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. This applies regardless of whether the offender is under the influence of legal or illegal substance(s). Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. Section 20 assault, unlike Section 18 assault which is intentional can be heard in both the magistrates court and crown court, albeit a case will normally be dealt with in the latter. Aggravated nature of the offence caused serious fear and distress throughout local community or more widely. (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.

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