Gbh section 20. Question re sentencing.

[Faceplates]

Hi all,
Could anyone offer any insight into this please -
Do the circumstances surrounding the event tend to have any sway on the severity of the sentence doled out ?
May I offer you this example -

Random accidental clash of drunken shoulders in passing leads within seconds to a shove and in turn a blow to the face resulting in surgical remedies...

Against this scenario -

Guy complains to fellow parent at nursery regarding bullying, gets followed out and hit from behind resulting in surgical remedies ...

Would there be any moral influence to the sentencing say ?

[grasscarp]

The answer is yes. The judge does take into account the intent of the perpetrator and the circumstances surrounding the event which is brought before the court.

[Buenchico]

The judge must consider both 'harm' and 'culpability'.

If both factors are 'high' then it's a 'Category 1' offence, with a starting point sentence of 3 years, and with the judge expected to pass a sentence of between 2 years 6 months and 4 years.

If only of those factors is 'high', with the other low, it's a 'Category 2' offence. The starting point is 18 months, with a range of 12 months to 3 years available to the judge.

If both factors are 'low' it's a 'Category 3' offence, with a sentencing range of a 'high level' Community Order and a range extending from a 'low level' Community Order up to 51 weeks imprisonment.

The above guideline sentences assume that it's a first-time adult offender, who has been convicted after a trial. Previous convictions can push sentencing higher but an early guilty plea can see sentences reduced by one third. Judges may sentence outside of those guidelines but only in exceptional circumstances (which the judge must explain in open court).

See pages 8 to 10 here:
http://sentencingcoun...ine_-_Crown_Court.pdf

Chris