Editor's Blog4 mins ago
Charged With S. 18 And S. 20
Two friends seriously harmed a man. One was charged with s.18, he did the most damage. The other with s.18 and s.20. The one charged with both, punched the man twice on his side and that's it. Why is he charged with both sections?
Answers
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'Joint enterprise' might be relevant here. If two people set about harming another individual then, even if one of them doesn't actually inflict any blows (but, say, makes it hard for the victim to escape the attack) then BOTH people are EQUALLY responsible in law for the assault. (i.e. you can be convicted of GBH without ever touching the victim if you were...
22:54 Sun 13th Aug 2017
I imagine because they have established he hit him, that's not disputed (section 20), but to make a section 18 stick they would have to prove that the defendant fully intended to cause serious bodily harm, rather than section 20 where he could argue he hit him recklessly but didn't necessarily foresee serious damage. It's the intent rather than the extent or outcome if you like.
Yes Sorry, I intended to say that the full circumstances are still being investigated, rather than the injuries. That is what will decide if S18 or S20 is the charge. There is also the possibility that the police will charge both suspects under joint enterprise rules, that needs both to face the same charge so both will be charged under S18.
Your friends really need to see a lawyer ASAP , S18 is always a prison sentence , S20 can be a prison sentence depending on how serious the case is.
Your friends really need to see a lawyer ASAP , S18 is always a prison sentence , S20 can be a prison sentence depending on how serious the case is.
'Joint enterprise' might be relevant here. If two people set about harming another individual then, even if one of them doesn't actually inflict any blows (but, say, makes it hard for the victim to escape the attack) then BOTH people are EQUALLY responsible in law for the assault. (i.e. you can be convicted of GBH without ever touching the victim if you were otherwise a party to the assualt).
So it's posible that the s.18 charge applies to an assault where the (alleged) offender had no substantial part in the attack and that the s.20 charge applies to blows inflicted separately afterwards. (However the CPS would still need to show that those blows resulted in 'serious harm' in order for a s.20 conviction to be obtained).
It's probably irrelevant anyway as (unless there were two entireley separate offences, at different times) the sentence for a s.20 offence would be likely to run concurrently with that for a s.18 offence.
The absolute minimum sentence for a s.18 offence (other than in really exceptional circumstances) is one of 3 years imprisonment, or 2 years where there's an early guilty plea. The maximum sentence is 16 years imprisonment (or 10 years 8 months for an early guilty plea).
So it would seem likely that the two friends won't be seen in their local pub at any time in the near future.
So it's posible that the s.18 charge applies to an assault where the (alleged) offender had no substantial part in the attack and that the s.20 charge applies to blows inflicted separately afterwards. (However the CPS would still need to show that those blows resulted in 'serious harm' in order for a s.20 conviction to be obtained).
It's probably irrelevant anyway as (unless there were two entireley separate offences, at different times) the sentence for a s.20 offence would be likely to run concurrently with that for a s.18 offence.
The absolute minimum sentence for a s.18 offence (other than in really exceptional circumstances) is one of 3 years imprisonment, or 2 years where there's an early guilty plea. The maximum sentence is 16 years imprisonment (or 10 years 8 months for an early guilty plea).
So it would seem likely that the two friends won't be seen in their local pub at any time in the near future.
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