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Help!? Possible Outcomes For A Gbh Section 20?
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Hello, I have been charged with a section 20 GBH for a drunk fight I was involved with where the other person sustained a broken nose. Everyone was intoxicated but it was instigated by the other party. There is no CCTV of the incident and no independent witnesses. Just my word against theirs. I also sustained injuries in the form of bruising. Many thanks.
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You wouldn't have been charged unless the CPS had decided that there's a realistic chance of a successful prosecution, so they must be of the opinion that there's sufficient evidence to convince a court that you're guilty.
When someone is convicted of an assault charge, the court has to decide whether it falls into Category 1, 2 or 3. Based upon the limited information you've provided, it would seem likely that the offence would be classed as Category 3 (UNLESS, say, you used an implement to break the victim's nose or kicked him in the face - then it would probably fall into Category 2).
While a Category 3 offence under Section 20 can theoretically result in a custodial sentence, it usually doesn't. (A community order is the most likely outcome). However a Category 2 offence will always lead to a custodial sentence but, as long as it doesn't exceed 2 years, there's a reasonable chance of it being suspended.
See pages 7 to 10 here for more detailed information:
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When someone is convicted of an assault charge, the court has to decide whether it falls into Category 1, 2 or 3. Based upon the limited information you've provided, it would seem likely that the offence would be classed as Category 3 (UNLESS, say, you used an implement to break the victim's nose or kicked him in the face - then it would probably fall into Category 2).
While a Category 3 offence under Section 20 can theoretically result in a custodial sentence, it usually doesn't. (A community order is the most likely outcome). However a Category 2 offence will always lead to a custodial sentence but, as long as it doesn't exceed 2 years, there's a reasonable chance of it being suspended.
See pages 7 to 10 here for more detailed information:
https:/
Thank you for you prompt reply. I believe I have grounds for self defence as I was punched first. Their was more of them then me and they would have said that I started it. After I was punched I responded with a punch that must have broken their nose. They then continued to fight me. I have a previous for a section 35 I believe which was for failing to comply with a dispersal order that I received over 3 years ago and a final warning and a reprimand for affray that I received when I was under 18. CCTV would support my statement which doesn’t help. What would I expect if found guilty and what would be the strength of their case in court if it is just statements? Thanks again for your response.
You need to ask your solicitor about the strength of the case against you. He will have access to the statements from the victim and any witnesses, so he'll be in a far better position to give you a meaningful answer than anyone here can be.
It can be tricky relying on 'self defence' in court, as magistrates (or juries, as appropriate) often seem to think that anyone who gets into a fight while drunk probably wasn't entirely innocent to start out with. (i.e. even if they were provoked by the other party, they failed to simply turn and walk away, which is the correct form of self defence at that stage). Once again, your solicitor will be in the best position to advise you.
It reads like a Category 3 offence to me though, with the likelihood of an immediate custodial sentence being low. (i.e. even if a custodial sentence was passed, which seems to be unlikely in itself, it would probably be suspended). A community order would seem to be a far more likely outcome.
It can be tricky relying on 'self defence' in court, as magistrates (or juries, as appropriate) often seem to think that anyone who gets into a fight while drunk probably wasn't entirely innocent to start out with. (i.e. even if they were provoked by the other party, they failed to simply turn and walk away, which is the correct form of self defence at that stage). Once again, your solicitor will be in the best position to advise you.
It reads like a Category 3 offence to me though, with the likelihood of an immediate custodial sentence being low. (i.e. even if a custodial sentence was passed, which seems to be unlikely in itself, it would probably be suspended). A community order would seem to be a far more likely outcome.
Once again thank you for your reply. Would this be dealt with in magistrates or crown? Also would the previous I have described and the length of time since them affect sentencing if found guilty? I am just assuming worst case scenario here as I know I was not guilty but have to prepare. Due to extent of injuries could a plea bargain to a public order offence be a possibility? Many thanks
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All criminal cases start in magistrates courts (even murder). Some serious offences are 'indictable only' (meaning that the magistrates MUST pass the case to the Crown Court), some minor offences are 'summary only' (meaning that the magistrates CAN'T pass the case to the Crown Court), while many (including 'Section 20 GBH') are 'either way'
When an 'either way' offence comes before magistrates, they MUST pass the case to the Crown Court if the defendant wishes the case to be decided by a jury instead of by the magistrates. Otherwise they are empowered to hear the case themselves UNLESS they believe that, were the defendant to be convicted, their sentencing powers might not be great enough. (Magistrates can sentence a defendant to up to 6 months imprisonment for a single offence or up to 12 months imprisonment for multiple offences).
[Note: In many cases, particularly 'either way' ones, it's not unusual to find that there aren't aren't actually three magistrates on the bench. A District Judge, sitting on his own, can replace all three of them].
Based upon what you've written, I doubt that the magistrates would refer the case up to the Crown Court (unless, of course, you exercise your right to demand trial by jury).
When an 'either way' offence comes before magistrates, they MUST pass the case to the Crown Court if the defendant wishes the case to be decided by a jury instead of by the magistrates. Otherwise they are empowered to hear the case themselves UNLESS they believe that, were the defendant to be convicted, their sentencing powers might not be great enough. (Magistrates can sentence a defendant to up to 6 months imprisonment for a single offence or up to 12 months imprisonment for multiple offences).
[Note: In many cases, particularly 'either way' ones, it's not unusual to find that there aren't aren't actually three magistrates on the bench. A District Judge, sitting on his own, can replace all three of them].
Based upon what you've written, I doubt that the magistrates would refer the case up to the Crown Court (unless, of course, you exercise your right to demand trial by jury).
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