Gbh

[may1day]

whats the difference between attempted GBH and GBH without intent and if your charged with both , is it a definate custodial

[dj_ajax]

There is only grievous bodily harm with or without intent. The difference between them both is based on a variety of factors but ultimately determined by whether the offender has deliberately caused the harm. GBH with intent carries a maximum term of life in prison so it is very likely that there will be a custodial sentence if convicted. GBH without intent carries a maximum sentence of 5 years and the court will have discretion whether to hand down a custodial sentence or not depending on the circumstances. The offender may be given a suspended sentence instead of a custodial sentence, for example.

[may1day]

my sons been charged with both, so your saying theres no such thing as attempted GBH

[dj_ajax]

I've not found a lot of information on attempted gbh. I was only aware of there being gbh with or without intent but from what I've found in snippets in a minute ago it seems to be a lesser offence which also has a custodial maximum sentence. I suspect that the reason for the concurrent charges is that if the more serious one fails then the lesser one will secure a conviction. Have you got access to his charge sheet and in particular the section number and act for attempted gbh?

Without knowing the full facts of the case I couldn't determine whether it would be definitely custodial or not. It will be determined generally on the seriousness of the offence, the character of the offender, previous convictions, likelihood of reoffending and other factors. I assume that he has received legal advice at the police station and beyond?

[Orderlimit]

Where the evidence shows person intended to cause very serious injury to another person, but didn't succeed, the charge would be attempted GBH with intent. (Sec 18).

To be charged with both GBH offences resulting from the same incident would suggest the prosecutions case is that the defendant unlawfully assaulted and wounded another person and attempted to inflict serious injury.

[may1day]

he was out with 2 mates and 2 guys came at them swinging punches. A fight broke out and the 2 guys who caused the bother got injured. my son has been charged with both accounts,the CCTV showed nothing only a crowd. The file of evidence has yet to be viewed a solicitor did attend the police station. dont f its S18 or 20 yet. He went out for a drink not to fight. He already has served custodial S20 a few years ago - so don't think it looking very favourable.

[Buenchico]

The first test for either a Section 20 (GBH) or Section 18 (GBH with intent) charge is simply the level of harm caused. (It's the same for both charges). Such harm must be 'really serious', with the Crown Prosecution Service's guidance to its staff giving the following examples of what constitutes 'GBH':
"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"

To add 'with intent' to a 'GBH' charge, there must be evidence of "intent to do some grievous bodily harm, or . . . intent to resist or prevent the lawful apprehension or detainer of any other person".

The CPS guidance states:
"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."

With regard to 'attempted GBH' the CPS guidance states:
"It is not possible to attempt to commit a section 20 GBH offence. An attempt to cause grievous bodily harm should be charged as an attempt section 18 because, as a matter of law if a suspect attempts to cause really serious harm he must necessarily intend to do so. Similarly if a suspect attempts to cause a serious wound of a kind that would clearly amount to grievous bodily harm the offence would be attempted section 18."

See here:
http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#a15

When sentencing such offences, judges must consider both 'harm' and 'culpability'. If both are rated as 'low' it's a Category 3 offence. With one factor rated 'high' and the other 'low' it's Category 2. If both both are 'high' it's Category 1.

Unless there are very exceptional circumstances (which the judge must explain to the public in open court), judges are compelled to sentence offenders as follows. (NB: The sentences apply to first-time offenders convicted after a trial. A guilty plea at the earliest opportunity can see sentences cut by one third but previous convictions, especially for violence, can push sentencing higher. The actual time spent in prison is normally half of the nominal sentence):

CATEGORY 3:
GBH: 'Starting point' (from which the judge must work up or down) = A 'high level' Community Order. Minimum = A 'low level' Community Order. Maximum = 51 weeks custody
GBH with intent: Starting point = 4 years. Min = 3 yrs. Max = 5yrs.

CATEGORY 2:
GBH: Starting point = 18 months. Min = 1yr. Max = 3yrs.
GBH with intent: Starting point = 6yrs. Min = 5yrs. Max = 9yrs.

CATEGORY 1:
GBH: Starting point = 3yrs. Min = 2½yrs. Max = 4yrs
GBH with intent: Starting point = 12yrs. Min = 9yrs. Max = 16yrs.

See here:
http://sentencingcouncil.judiciary.gov.uk/docs/Assault_definitive_guideline_-_Crown_Court.pdf

[may1day]

its 2 x s20 does that make any differene

[EDDIE51]

So you are charged with GBH S20 on two counts?
S20 can be a prison sentence in serious cases, however if you are up on 2 charges the chance of a custodial is higher.