Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. Forfeiture and destruction of weapons orders, 18. Grievous bodily harm (GBH) is basically 'really serious bodily harm'. The GBH or wounding must be caused either with an intent to cause some injury or with knowledge that injury was likely. 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. From there, aggravating and mitigating factors relevant to the defendant will be taken into account. The main difference between a Section 18 and a Section 20 assault is the issue of intent. Next, the court will consider the harm that has been caused. Section 20 Assault Solicitors - Top Rated Criminal Defence Lawyers Therefore a young adults previous convictions may not be indicative of a tendency for further offending. When imposing a community sentence on an offender with primary caring responsibilities the effect on dependants must be considered in determining suitable requirements. Necessary cookies are absolutely essential for the website to function properly. 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. If a PSR has been prepared it may provide valuable assistance in this regard. A case of particular gravity, reflected by multiple features of culpability in step one, could merit upward adjustment from the starting point before further adjustment for aggravating or mitigating features, set out below. GBH (grievous bodily harm) always carries a severe sentence, whether with or without intent. Maximum sentence for the aggravated offence on indictment is 7 years custody (maximum when tried summarily is 6 months custody), Care should be taken to avoid double counting factors already taken into account in assessing the level of harm at step one, HIGH LEVEL OF RACIAL OR RELIGIOUS AGGRAVATION. The primary significance of previous convictions (including convictions in other jurisdictions) is the extent to which they indicate trends in offending behaviour and possibly the offenders response to earlier sentences. They are listed in Section 40(3): Common assault (Section 39 Criminal Justice Act 1988) Assaulting a . Any life changing incidents should be charged as GBH, while mild hospital treatment suggests ABH. For Section 20 cases, depending on the injuries and factors involved, the court will sometimes consider imposing non-custodial or suspended sentences. The emotional and developmental age of an offender is of at least equal importance to their chronological age (if not greater). The case may later be transferred to the Crown Court. 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. The following injuries are classified as GBH: If a defendant is charged with committing GBH without intent, it does not necessarily mean that they inflicted less severe injuries on the victim. 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. , albeit a case will normally be dealt with in the latter. In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. However, this factor is less likely to be relevant where the offending is very serious. 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. History of significant violence or abuse towards the offender by the victim, the offenders responsibility for the offence and. By contrast, for the Section 20 offence, the court only has to find that he or she intended or foresaw some harm resulting from the incident. (2) It is immaterial for the purposes of subsection (1) whether the employment or engagement is paid or unpaid. Offences for which penalty notices are available, 5. Sentencing flowcharts are available at Imposition of Community and Custodial Sentences definitive guideline. For example, a person punched somebody, and they fell and caused a wound or severe injury. Pay for any outstanding fees quickly and securely by clicking below. (1) This section applies where a court is considering the seriousness of an offence listed in subsection (3). Where the offender is dealt with separately for a breach of an order regard should be had to totality. Leaving care services may change at the age of 21 and cease at the age of 25, unless the young adult is in education at that point). These are specified violent offences. Immaturity can also result from atypical brain development. A community order must not be imposed unless the offence is serious enough to warrant such a sentence. 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. Where there has been a significant gap between previous and current convictions or a reduction in the frequency of offending this may indicate that the offender has made attempts to desist from offending in which case the aggravating effect of the previous offending will diminish. Whenever the court reaches the provisional view that a community order may be appropriate, it should request a pre-sentence report (whether written or verbal) unless the court is of the opinion that a report is unnecessary in all the circumstances of the case.
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