Grievous bodily harm or GBH is the most serious form of non-fatal assault as the injuries are deemed to cause serious detriment to a victims health, which differs toABH. Your fingerprints and other biometric information will be taken. The main difference between a Section 18 and a Section 20 assault is the issue of intent. Section 20 Assault and Section 18 Assault - Grievous Bodily Harm Summary offences and the Crown Court (3) In this section custodial institution means any of the following. 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. Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. This will depend on the context in which the offence occurred. It is a triable either way offence which means it can be heard at the Crown or Magistrates' Court. For example, a person punched somebody, and they fell and caused a wound or severe injury. Aggravated nature of the offence caused serious fear and distress throughout local community or more widely. For further information see Imposition of community and custodial sentences. For offences under Section 18, you could face life imprisonment. Hi, I am the defendant and my assailant has been convicted of GBH section 20. he is due to be sentenced on 3rd August. Ultimately, this is likely to have a highly significant impact upon whether you are convicted, and the heftiness of your sentence. Aggravated nature of the offence caused some distress to the victim or the victims family. However, factors such as evidence of planning, prior threats and the adaptation of a weapon can make the difference between the assault being charged as a Section 18 or Section 20 offence. In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. What does it mean to be charged for GBH without intent? | Lawtons Assault | Castle Solicitors From there, aggravating and mitigating factors relevant to the defendant will be taken into account. Penalties. The presence of one or more children may in some situations make the primary victim more vulnerable for example an adult may be less able to resist the offender if concerned about the safety or welfare of children present. In all cases, the court should consider whether to make compensation and/or other ancillary orders. We are available to represent accused individuals 24 hours a day to protect your rights and give you the best chance of a positive outcome. If they were responding to violence used by their partner, they may be able to rely upon the defence of self-defence. This factor may apply whether or not the offender has previous convictions. My son has been charged with gbh section 20, there are The court should consider the time gap since the previous conviction and the reason for it. Grievous bodily harm is the most serious form of non-fatal assault and can be committed in two ways affecting the level of severity of offence - the difference being whether the crime was committed intentionally or recklessly. (1) This section applies where a court is considering the seriousness of an offence listed in subsection (3). Section 20 Assault Section 20 carries the lowest . Offences committed in custody are more serious because they undermine the fundamental need for control and order which is necessary for the running of prisons and maintaining safety. (3) Where the court treats a relevant previous conviction as an aggravating factor under subsection (2) it must state in open court that the offence is so aggravated. Section 20 assault, unlike Section 18 assault which is intentional can be heard in both the. If you are charged, you will then either be remanded in custody, or released on bail. Section 20 GBH sentencing guidelines A section 20 assault committed in the UK carries a maximum custodial sentence of five years and/or an unlimited fine. Disqualification from ownership of animals, 11. The following factors should be weighed in considering whether it is possible to suspend the sentence: Factors indicating that it would not be appropriate to suspend a custodial sentence, Factors indicating that it may be appropriate to suspend a custodial sentence, Offender presents a risk/danger to the public, Appropriate punishment can only be achieved by immediate custody, History of poor compliance with court orders, Immediate custody will result in significant harmful impact upon others. Racial or religious aggravation statutory provisions, 2. This will be particularly relevant where the court is considering whether to impose a sentence that focuses on rehabilitation. 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. It is mandatory to procure user consent prior to running these cookies on your website. Nick also oversees the overall management of Lawtons Solicitors, a specialist firm of criminal law defence solicitors with branches across London, Hertfordshire, Bedfordshire and Essex. Adapting or altering an item with the intention of causing harm, such as smashing a glass prior to an attack, Using a weapon on the victims head, or kicking the victim in the head. 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. Consider a more onerous penalty of the same type identified for the basic offence. GBH is classified a criminal offence under Section 18 and 20 of the Offence Against the Person Act 1861 (OAPA). In considering this the court must NOT consider any licence or post sentence supervision requirements which may subsequently be imposed upon the offenders release. See Totality guideline. Refer to the. But, an offenders knowledge that he will likely face the prospect of death in prison, subject only to the ERCG provisions, is a factor that can be considered by the sentencing judge when determining the sentence that it would be just to impose.
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