abh or gbh

[jelly baby]

My stepson was recently the victim of an unprovoked assault (whilst on his own property) which resulted in a broken ankle needing to be pinned and insertion of a plate, stitches to the inside of his mouth, severe facial bruising inc 2 black eyes. What is the least sentence the perpetrator could expect assuming he has no criminal record?
Thanks
JB

[paraffin]

Sounds like this is GBH but there are differing standards of it in law. What has the accused been charged with? Do you know?

For example, it could be Section 18 GBH or Section 20. S18 is the more serious of the two which, on indictment in Crown Court could render the culprit liable to a maximum sentence of life imprisonment (highly unlikely).

S20 in Crown Court carries a maximum sentence of 5 years(again unlikely). If Magistrates Court max is 6 months or a fine.

Courts however always take many mitigating circumstances into consideration before reaching their decision.

[Nhozu]

rule of thumb for GBH offence is that it risks life or limb. Thus it depends on the medical evidence of the leg injury.

[Buenchico]

Those injuries would seem to amount to 'GBH'.

See paragraphs 46 and 55 of this document (from the Crown Prosecution Service) to see the difference between ABH and GBH:
http://www.cps.gov.uk/legal/l_to_o/offences_ag ainst_the_person/

Whether a Section 20 charge ('GBH with intent') would be applicable depends upon the circumstances, not on the extent of the injuries. See paragraph 65 of that document for guidance.

This document states the sentences that judges must impose (other than in very exceptional circumstances). The tables (on pages 13, 15 and 17) assume that the defendant has been found guilty after a trial. (Knock a third off for an early guilty plea). They further assume that the defendant is a first-time offender. (Scale up for previous offences, especially if they involve violence):
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf

Chris