Gbh Section 18 Or Section 20

[Irisrose1991]

If someone has punched another during an argument, only once, but the victim has a fractured eye socket, broken nose and damaged cheek, would a charge of GBH with intent likely succeed in court? The second question is should he plead gulty under section 18 or not?

Other information necessary:

The offender was out on licence (for another violent crime).

There was no one else around, only the offender and the victim (a drug dealer).

He had been drinking, and may have been under the influence of other substances.

He had a prior drug addiction.

He also is being tested for ADHD.

 

Thanks!

[barry1010]

As he is out on licence he should definitely plead guilty unless he was acting in self-defence or severely provoked in some way.  As a broken bone counts as grievous bodily harm the s.18 is likely to succeed in court.

 

[Buenchico]

The charging standard, use by the Crown Prosecution Service to differentiate between Section 20 and Section 18, is available online here:
https://www.cps.gov.uk/legal-guidance/offences-against-person-incorporating-charging-standard
(Click 'Indictable only offences' to jump to the relevant section).

As you've described it, a charge under Section 20 (rather than under Section 18) would be the most likely to succeed.