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I Was Attacked 4 Weeks Ago And Had 16 Staples In My Head And 20 Stitches On My Left Hand. The Person Has Been Charged With Gbh With Intent, Do My Injuries Sustained Warrant A Gbh With Intent To Stick, Or Will This Get Dropped Down To A Lesser Charge.
9 Answers
he used a lamp to hit me repeatedly with, he also smashed ornaments of my head. will the intent stick. i am pressing charges, and fully co-operating with the police. this person has previous, he has a GBH with intent from 2008 and an assault charge in 2010. he also was charged with affray in 2006.
Answers
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and ref your question on Intent The distinction between charges under section 18 and section 20 is one of intent. The gravity of the injury resulting is not the determining factor, although it may provide some evidence of intent. Factors that may indicate the specific intent include: a repeated or planned attack; deliberate selection of a weapon or...
18:21 Tue 14th May 2013
Hi there, from the Crown Prosecution Service website:
Grievous bodily harm means really serious bodily harm. It is for the jury to decide whether the harm is really serious. However, examples of what would usually amount to really serious harm include:
injury resulting in permanent disability, loss of sensory function or visible disfigurement;
broken or displaced limbs or bones, including fractured skull, compound fractures, broken cheek bone, jaw, ribs, etc;
injuries which cause substantial loss of blood, usually necessitating a transfusion or result in lengthy treatment or incapacity;
serious psychiatric injury. As with assault occasioning actual bodily harm, appropriate expert evidence is essential to prove the injury
Grievous bodily harm means really serious bodily harm. It is for the jury to decide whether the harm is really serious. However, examples of what would usually amount to really serious harm include:
injury resulting in permanent disability, loss of sensory function or visible disfigurement;
broken or displaced limbs or bones, including fractured skull, compound fractures, broken cheek bone, jaw, ribs, etc;
injuries which cause substantial loss of blood, usually necessitating a transfusion or result in lengthy treatment or incapacity;
serious psychiatric injury. As with assault occasioning actual bodily harm, appropriate expert evidence is essential to prove the injury
and
ref your question on Intent
The distinction between charges under section 18 and section 20 is one of intent. The gravity of the injury resulting is not the determining factor, although it may provide some evidence of intent.
Factors that may indicate the specific intent include:
a repeated or planned attack;
deliberate selection of a weapon or adaptation of an article to cause injury, such as breaking a glass before an attack;
making prior threats;
using an offensive weapon against, or kicking the victim's head.
The evidence of intent required is different if the offence alleged is a wounding or the causing of grievous bodily harm with intent to resist or prevent the lawful apprehension or detainer of any person
ref your question on Intent
The distinction between charges under section 18 and section 20 is one of intent. The gravity of the injury resulting is not the determining factor, although it may provide some evidence of intent.
Factors that may indicate the specific intent include:
a repeated or planned attack;
deliberate selection of a weapon or adaptation of an article to cause injury, such as breaking a glass before an attack;
making prior threats;
using an offensive weapon against, or kicking the victim's head.
The evidence of intent required is different if the offence alleged is a wounding or the causing of grievous bodily harm with intent to resist or prevent the lawful apprehension or detainer of any person
-- answer removed --
This sounds more like wounding with intent, since the injury was plainly a wound:
Offences against the Person Act 1861 section 18 : Whosoever shall, by any means whatsoever, unlawfully and maliciously wound or cause grievous bodily harm to any person...with intent... to do some.... grievous bodily harm.... shall be liable to imprisonment for life.
Note that wounding does not need to be grievous bodily harm. It is any cutting or puncturing of the skin and is readily established without argument . Therefore charging s 18 wounding leaves one less thing for the jury to worry about. All that's left then is the question of what the accused intended. That is usually answered by considering the nature and violence of the attack.
Offences against the Person Act 1861 section 18 : Whosoever shall, by any means whatsoever, unlawfully and maliciously wound or cause grievous bodily harm to any person...with intent... to do some.... grievous bodily harm.... shall be liable to imprisonment for life.
Note that wounding does not need to be grievous bodily harm. It is any cutting or puncturing of the skin and is readily established without argument . Therefore charging s 18 wounding leaves one less thing for the jury to worry about. All that's left then is the question of what the accused intended. That is usually answered by considering the nature and violence of the attack.
You ask about lesser charges. Alternative verdicts to s18 are open to the jury: section 20 wounding/ grievous bodily harm; section 47, assault occasioning actual bodily harm; even common assault. Those are the lesser charges too.It's highly likely, from what you say, that the prosecution will hold out for the most serious charge of s18
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