News1 min ago
beat up
3 Answers
i was beat up last night and the police have charged the man with wounding all i want to no is. is wounding a bigger charge than assault. thank and a happy new year to you all
Answers
Best Answer
No best answer has yet been selected by captainkirk. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.'Unlawful wounding' is an offence contrary to Section 20 (or Section 18) of the Offences Against the Person Act 1861. It's within the same sections as those which cover 'grievous bodily harm' and effectively means the same as 'GBH'.
If the wounding is 'with intent', the offence falls under Section 18 of the Act, which carries a maximum penalty of life imprisonment.
However, if the words 'with intent' weren't used when you were told of the charge against the offender, it's probable that it's a Section 20 offence. The maximum penalty is 10 years imprisonment.
For comparison, there are two main offences which use the word 'assault' in the charge:
'Common assault' is an offence against Section 39 of the Criminal Justice Act. It's normally only a 'summary offence' which means that it's heard in a magistrates' court and carries a maximum penalty of 6 months imprisonment. (Under certain circumstances, the case can be referrred to a Crown court, with a longer sentence, but this is unusual).
'Assault occasioning actual bodily harm' ('ABH') is an offence under Section 47 of the Offences Against the Person Act 1861. It carries a maximum penalty of 5 years imprisonment.
If your assailant has been charged with 'wounding', it suggests that the police and CPS have decided that the offence is probably at the lower end of 'Section 20' offences. Such an offence is unlikely to be punished with a non-custodial sentence (i.e. it's far more likely that the offender will go to prison than being given a community punishment) but it's not likely to be a particularly lengthy sentence. (Possibly a sentence somewhere between 6 and 18 months, with half of that time actually being served inside prison).
Chris
If the wounding is 'with intent', the offence falls under Section 18 of the Act, which carries a maximum penalty of life imprisonment.
However, if the words 'with intent' weren't used when you were told of the charge against the offender, it's probable that it's a Section 20 offence. The maximum penalty is 10 years imprisonment.
For comparison, there are two main offences which use the word 'assault' in the charge:
'Common assault' is an offence against Section 39 of the Criminal Justice Act. It's normally only a 'summary offence' which means that it's heard in a magistrates' court and carries a maximum penalty of 6 months imprisonment. (Under certain circumstances, the case can be referrred to a Crown court, with a longer sentence, but this is unusual).
'Assault occasioning actual bodily harm' ('ABH') is an offence under Section 47 of the Offences Against the Person Act 1861. It carries a maximum penalty of 5 years imprisonment.
If your assailant has been charged with 'wounding', it suggests that the police and CPS have decided that the offence is probably at the lower end of 'Section 20' offences. Such an offence is unlikely to be punished with a non-custodial sentence (i.e. it's far more likely that the offender will go to prison than being given a community punishment) but it's not likely to be a particularly lengthy sentence. (Possibly a sentence somewhere between 6 and 18 months, with half of that time actually being served inside prison).
Chris