First time offence for GBH – What you need to know

In the UK, there are several different offences that can apply to the act of intentionally causing physical harm to another individual. One of the most common offences in cases where serious harm occurs is GBH. As we’ll see, GBH can actually consist of two closely related but separate offences, one much more serious than the other.

Both offences can have serious legal ramifications, making it incredibly important that you seek legal assistance, whether you have been charged, or believe you may be charged with GBH in the near future.

 

GBH defined

GBH stands for Grievous Bodily Harm. It is a term used in UK law to describe a serious criminal offence, consisting of the intentional or reckless causing of serious physical injury to another person. This can include acts such as assault, with or without a weapon, and it must result in serious physical harm, such as deep cuts or broken bones.

GBH is covered by both section 18 and section 20 of the Offences Against the Person Act 1861. The main difference between the two is a distinction of mens rea. Under section 20, it is only necessary for the prosecution to prove that the defendant intended to cause some type of harm, even if they did not believe the harm would be severe. Under section 18, the prosecution must be able to prove that the intention was to cause severe, or grievous, harm.

 

Common assault and ABH

There are two other common offences of a similar, albeit less severe nature than GBH. Common assault is the least severe, and consists of the application or threat of unlawful force. This can consist of something as relatively minor as raising your hand and threatening to hit someone, and will generally not result in serious physical harm.

ABH is between GBH and common assault in terms of severity. With ABH, there will be tangible results of the act, such as bruising, however, the injuries will have less of an effect on the victim’s well-being than in cases of GBH.

 

Sentencing for GBH

Sentencing for GBH depends on whether the defendant is charged under section 18 or section 20. The maximum sentence for section 20 is five years imprisonment; however, the maximum sentence for section 18 is life imprisonment.

A sentence of life imprisonment will only be handed out in the most extreme of cases for GBH, often where the defendant has prior convictions of a similarly violent nature. However, even for first-time offenders, the sentencing range can be quite wide, depending on factors such as the provability of intent, the use of a weapon, the severity of the injuries, and other aggravating factors such as whether the crime was racially motivated.

As a result of these complex considerations, sentencing is often anywhere between 3 and 16 years imprisonment. As with all criminal convictions, even once the sentence has been served, it will remain on your criminal record, making it difficult to seek employment, and to travel to certain countries.

 

Mitigating factors

Mitigating factors are those which may be taken into consideration by the court, and may result in a lower sentence for someone who is found guilty. Mitigating factors might include showing genuine remorse, having a clean criminal record prior to the incident, and the circumstances of a crime. Your criminal defence solicitor will be able to go through these potential factors, and see which might be beneficial and applicable to your situation.

 

Legal defence

If someone is charged with GBH, they have several potential legal defences that can be used to challenge the charges, and reduce the severity of the repercussions. Some common defences for GBH include:

• Self-defence: If the person acted in self-defence, their lawyer can argue that they were trying to protect themselves or another person from imminent harm, and that their actions were reasonable in the circumstances.
• Accident: As intent plays a crucial role in GBH, if the injury was accidental and not intentional, the person can argue that they did not have the necessary component of intent to commit GBH.
• Consent: If the person who was injured consented to the activity that resulted in the injury, such as in a boxing match or other sporting activity, the person charged with GBH may be able to prove that they are not guilty of GBH.
• Insufficient evidence: If the prosecution does not have enough evidence to prove, beyond a reasonable doubt, that the person committed GBH, the defendant should not be found guilty.
• Duress: In certain, rare cases, if the person was forced to commit GBH under threat of violence or harm, they can argue that they acted under duress, and are therefore not responsible for the crime.

 

It’s important to note that each case is entirely unique, and that the most appropriate defence will depend on the specific circumstances of the case. An experienced criminal defence solicitor can help anyone charged with GBH to determine the best defence strategy, and provide guidance and support throughout the legal process.

 

Seeking legal advice

As you can see, those charged with GBH as their first offence can face incredibly serious legal ramifications. With all legal matters, the sooner you seek expert legal advice, the more options you will have available to you to fight the charges and limit the damage done. A criminal defence solicitor from Ashcott Solicitors will be able to:

• Help you to prepare for your interview under caution, remaining with you during the interview to advise on how to answer questions
• Help you to prepare your legal defence and prepare you for trial
• Ensure that the law is applied in a just manner throughout
• Help you through the appeals process if necessary

Whether you’ve been charged with GBH or suspect that you may face charges soon, it’s imperative that you seek legal advice as soon as possible, so that you don’t limit the options available to you.