Keeping this in view, what is the sentence for GBH section 20? (2) It is immaterial for the purposes of subsection (1) whether the employment or engagement is paid or unpaid. Criminal Law Explained : Section 20 GBH Grievous Bodily Harm These can include broken bones or permanent disfigurement. 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. When imposing a community sentence on an offender with primary caring responsibilities the effect on dependants must be considered in determining suitable requirements. the custody threshold has been passed; and, if so. (a) a reference to providing services to the public includes a reference to providing goods or facilities to the public; (b) a reference to the public includes a reference to a section of the public. However, the court must make clear to the offender that all sentencing options remain open including, in appropriate cases, committal for sentence to the Crown Court. Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. The court must determine whether the weapon or weapon equivalent is highly dangerous on the facts and circumstances of the case. Grievous Bodily Harm without Intent Solicitors Section 20 GBH is a very serious criminal offence which usually results in a lengthy prison sentence. Penalty notices fixed penalty notices and penalty notices for disorder, 7. (v) hostility towards persons who are transgender. For racially or religiously aggravated offences the category of the offence should be identified with reference to the factors below, and the sentence increased in accordance with the guidance at Step Three. Section 20 Assault - Unlawful Wounding/Grievous Bodily Harm (GBH) Section 20 Assault involves grievous (or really serious) bodily harm or a wound. For offenders on the cusp of custody, imprisonment should not be imposed where there would be an impact on dependants which would make a custodial sentence disproportionate to achieving the aims of sentencing. 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. Assault - Sentencing Next, the court will consider the harm that has been caused. Commission of an offence while subject to a. the resulting injury is not so serious as to amount to GBH; Lack of remorse should never be treated as an aggravating factor. Medium level community order 1 years custody. What happens for a first offence of GBH Sections 18 & 20? The approach to the imposition of a custodial sentence should be as follows: 1) Has the custody threshold been passed? Wife and I had major row, I slapped her across face after major provocation, - Answered by a verified Solicitor . Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. Refer to the Sentencing offenders with mental disorders, developmental disorders, or neurological impairments guideline. What is worse GBH or assault? GBH without intent is committed when someone inflicts really serious injuries without intending to do so, but has acted recklessly in causing that harm or pain. Disqualification until a test is passed, 6. We also use third-party cookies that help us analyze and understand how you use this website. The following is a list of factors which the court should consider to determine the level of aggravation. If the offender received a non-custodial disposal for the previous offence, a court should not necessarily move to a custodial sentence for the fresh offence. * A highly dangerous weapon can include weapons such as knives and firearms. v) A custodial sentence that is suspended should be for the same term that would have applied if the sentence was to be served immediately. to discuss your options and how we can prepare the best case from the outset. Where no offence specific guideline is available to determine seriousness, the harm caused by the offence, the culpability of the offender and any previous convictions will be relevant to the assessment. What's the difference between GBH and ABH and which of the - The Sun After the interview, the police will make a charging decision. When an immediate custodial sentence is necessary, the court must consider whether proper arrangements have been made for the care of any dependent children and if necessary consider adjourning sentence for this to be done. Section 66 of the Sentencing Code states: Hostility (1) This section applies where a court is considering the seriousness of an offence which is aggravated by, (d) hostility related to sexual orientation, or. Nicks measured and methodical approach means he thrives on even the most complex case. An offender who is subject to licence or post sentence supervision is under a particular obligation to desist from further offending. All cases will involve really serious harm, which can be physical or psychological, or wounding. GBH is a very serious offence so even if you are a first-time offender you could still face jail time. At Stuart Miller Solicitors, we understand this and will do our utmost to help you understand and navigate the criminal justice process. (4) For the purposes of this section, an offence is aggravated by hostility of one of the kinds mentioned in subsection (1) if, (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on. (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 Where there are characteristics present which fall under different levels of aggravation, the court should balance these to reach a fair assessment of the level of aggravation present in the offence. A Guide to Grievous Bodily Harm (GBH) Defences - Stuart Miller Solicitors This is your role in the offence. Even if youve already been represented by the duty solicitor at the police station, you can instruct the team of criminal defence solicitors at Lawtons, who are experts in this complex area of criminal law. 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. 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. The extent to which the offender has complied with the conditions of an order (including the time that has elapsed since its commencement) will be a relevant consideration. In addition when sentencing an offender who is pregnant relevant considerations may include: The court should ensure that it has all relevant information about dependent children before deciding on sentence. If you are found guilty of committing GBH without intent, the consequences are severe. the effect of the sentence on the offender. If tried and found guilty in a magistrates court, the maximum penalty is a custodial sentence of six months and/or a fine. Forfeiture and destruction of goods bearing unauthorised trade mark, 17. (ii) services in the support of the provision of NHS health services, and whose general activities in doing so involve face to face interaction with individuals receiving the services or with other members of the public. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. 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. When assessing whether a previous conviction is recent the court should consider the time gap since the previous conviction and the reason for it. Because of this, it is really important to ensure that you have high quality legal representation because your solicitor and barrister will play an important role in helping the court understand your state of mind at the time of events. During the period of the suspension, you must comply with the terms of the order, such as unpaid work My son has been charged with gbh section 20, there are Useful information can be found in the Equal Treatment Bench Book (see in particular Chapter 6 paragraphs 131 to 137). 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. For the purposes of GBH, wounding is defined as a break in the skin. This factor is particularly relevant where an offender is on the cusp of custody or where the suitability of a community order is being considered. Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm. See Totality guideline. Charges, Penalties and Sentencing in Act - Armstrong Legal 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. These examples are not exhaustive and do not necessarily indicate that abuse of trust is present. A person charged under Section 20 will always require legal representation as soon as they have been charged. (1) This section applies where a court is considering the seriousness of an offence listed in subsection (3). In considering this the court must NOT consider any licence or post sentence supervision requirements which may subsequently be imposed upon the offenders release. Either or both of these considerations may justify a reduction in the sentence. GBH Section 18 Examples | What was the outcome? - Stuart Miller Solicitors Well aim to get back to you within 30 mins between 9am - 5pm. A section 20 assault committed in the UK carries a maximum custodial sentence of five years and/or an unlimited fine. (e) hostility related to transgender identity. Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH) charges with the maximum penalty being 5 years imprisonment. 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. Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report.