CRIME
Breakdown of the GBH Sentencing Guidelines
GBH – or Grievous Bodily Harm – is a serious violent crime and is treated accordingly by the UK’s legal system.
In this article, the legal experts at DPP Law, a team of specialist criminal defence lawyers, will explore the definition of this kind of offence, discuss key factors, including different “types” of GBH, and clearly lay out the GBH sentencing process and guidelines that may result from a guilty verdict.
If you have been accused of GBH, or you believe that you are likely to be, it is vital that you understand the implications. You should also instruct suitable legal counsel at your earliest convenience. Read on to learn how our specialist solicitors will be able to assist you.
What is GBH – and what is the sentence for GBH?
If a person is legally found to have caused serious and lasting harm to another individual through “unlawful force”, they may be liable to be tried for Grievous Bodily Harm (GBH).
Injurious actions that fall under the umbrella of GBH may include – but are not limited to:
- An unarmed physical assault
- An armed attack with either a blunt or sharp object
- An acid attack
- A vehicular assault causing physical harm to a person
- Other attacks that result in a visual injury or disfigurement – including, in some cases, physically-presenting psychological damage
It’s important to note the difference between GBH and ABH (Actual Bodily Harm). A charge of ABH may apply if the injuries caused are less severe and will have little to no impact on the victim’s life over time.
How Long is a GBH Sentence?
Depending on aggravating and mitigating factors, the sentence for GBH may extend to life in prison, with average sentences sitting between a 3 and 16 year custodial term.
If found guilty, defendants may also be required to pay damages to the victim.
What is the difference between Section 18 and Section 20 GBH?
GBH sentencing is guided by the Offences Against the Person Act of 1861, with two separate sections detailing possible degrees of severity. However, the nature of the injuries caused do not determine the section under which GBH is tried; this differentiation is dictated by perceived intent or lack thereof.
Section 18 GBH
Section 18 GBH is also sometimes referred to as “wounding with intent”. The term refers to cases wherein the alleged perpetrator of GBH enacted unlawful force with the clear purpose of causing injury to the alleged victim, and was successful in doing so.
The minimum sentence for GBH with intent is usually around two years in prison.
Section 20 GBH
This type of offence is likely to result in a more lenient sentence than Section 18 GBH, as charges of this kind tend to be brought due to there being a lack of intent behind the unlawful force used by the defendant – usually meaning that the wounding occurred accidentally.
This means that, while the individual accused of GBH may have acted recklessly, there was no clear aim to injure the alleged victim.
The minimum sentence for Section 20 GBH is usually around 26 weeks’ custodial sentence.
What factors influence GBH sentencing?
When a case of GBH is considered, both aggravating and mitigating factors will be taken into account that will eventually inform GBH sentencing.
Aggravating factors that enable legal officials to differentiate between Section 18 and Section 20 GBH may include:
- Repeat offending and previous offences, their type and severity and the response of the accused individual to their resulting sentences – including whether the alleged offender was on bail or on licence at the time
- The presence of a weapon
- The length of the alleged assault
- “Deliberate or gratuitous” use of violence
- Damage to property
- The use of alcohol or drugs and their influence over the offender at the time
- “Gang” involvement or relevant professional/organised crime affiliations
- Any significant profit gained as a result of the offence – or evidence that the offence was financially motivated
- Whether the offence was motivated by race, religion, sexual orientation or disability (real or presumed) or hostility towards any other minority group or its members
- Evidence of planning
- Evidence of the intent to cause harm that is more serious than the actual injury incurred
- Concealing or disposing of evidence, or attempting to do so
- Where the offender was considered to be in a position of trust or power that was abused in the commission of the offence
- Where the offender is found to have deliberately targeted vulnerable individuals
- Where the offender is found to have failed to respond to the concerns or warnings of others regarding their behaviour
How does a guilty plea affect GBH sentencing?
If you decide to plead guilty to the offence of GBH at any stage throughout proceedings, you may see a reduction in your eventual sentence.
The size of this reduction usually depends on the stage at which the guilty plea is made. If the defendant pleads guilty during the first stage of proceedings, their sentence may be reduced by one third (the maximum amount permitted) – with some exceptions.
If the plea is made after the first stage, a reduction of one quarter is the maximum permitted, with a sliding scale in operation from that point onwards throughout proceedings, falling to a maximum of one-tenth on the first day of the trial.
Usually, after a guilty plea, the trial will not go ahead, and matters will move immediately to GBH sentencing. It is worth noting that this may not be the case if the defendant only pleads guilty to some – but not all – of the charges brought against them.
Of course, a guilty plea removes the likelihood of the case being dismissed.
What role do Victim Impact Statements play?
Victim impact statements are a key resource in a judge’s decision-making process. They bring to light the human impact of the offence and explore the repercussions of the crime and its aftermath – whether the victim’s quality of life has been affected in a way that is mental, emotional, practical, financial or otherwise.
Statements of this kind are taken into account in a very practical way, and will often influence GBH sentencing.
Can you appeal a GBH sentence?
Defendants have the automatic right to appeal a guilty verdict – or the severity of any sentence – if their case was tried in the Magistrates Court. Cases tried in the Crown Court require grounds for appeal before any application of this kind is permitted to be made.
These grounds may include the unearthing of new evidence offering a fresh perspective on the case and potentially affecting its outcome, evidence of bias on the part of legal officials, inadequate or poor legal representation, misconduct, mistakes in the application of the law, irregularities in the jury, issues with disclosures or inconsistencies in verdicts.
An experienced legal advisor will be able to assist you in your appeal.
Why is legal representation important in GBH cases?
If you have been accused of GBH – or believe you are likely to be – it is vital that you seek legal representation as soon as you can. This is also the case if you have already been convicted and wish to appeal.
The importance of strong legal counsel cannot be overstated in cases of this kind, particularly where there is the potential for sentences extending to life in prison.
Your solicitor will be able to guide and assist you in the gathering of evidence – whether to prove your innocence or mitigate any factors inherent in your case, thus reducing any potential sentence.
They will also be able to represent you at hearings and in court, put forward well-prepared legal arguments regarding key contributing factors such as intent and/or help to to apply for and launch any appeals.
The specialists at DPP Law are available to provide all of these services and more. You can contact us any time of the day or night, 365 days a year, by calling us on 0333 200 5859 or by utilising our contact form.
