Sentencing Guidelines for Section 20 Grievous Bodily Harm

Being under investigation or charged with Grievous Bodily Harm (GBH) can be very intimidating. The offence of causing GBH can carry a significant sentence, whether with or without intent. Obtaining legal representation early on is crucial to ensuring the best outcome possible. The team at Old Bailey Solicitors specialises in criminal law and can offer expert advice and representation throughout the legal process.

Section 20 is GBH without intent

GBH without intent is an either way offence, meaning that cases of GBH without intent can be heard in either the Crown Court in front of a judge and jury, or in the Magistrates’ Court in before a Bench of Magistrates or a District Judge.

Under section 20 of the Offences Against the Person Act, in order to be found guilty of GBH without intent, the prosecution must prove:

• You have unlawfully caused a wound or serious harm to the victim.

Under section 20 GBH, the offender lacks the necessary means – the knowledge or intention of wrongdoing – for the more serious offence, meaning the offender did not have the intention to cause really serious injury.

However, GBH without intent is still a serious offence, and it can carry severe penalties. Magistrates’ Courts may impose a maximum sentence of 6 months’ imprisonment; however, in the Crown Court, the maximum sentence for this offence can be up to five years’.

How is the punishment determined in the sentencing guidelines?

When a court considers sentencing for section 20 GBH, two factors are considered to ensure a fair and proportionate outcome. These two factors are culpability and harm.

Culpability is assessed with reference to the offender’s role, level of intention and/or premeditation and the extent and sophistication of planning. In the sentencing guidelines, culpability is categorised into three difference “classes” with class A covering the most serious offences:

• Class A culpability encompasses cases where the offender has engaged in significant planning and premeditation or cases where the victim is obviously vulnerable due to age, personal characteristics, or circumstances. Class A also encompasses cases where dangerous weapons were used, or a prolonged or persistent assault has occurred.
• Class B culpability will include less serious cases where weapons are present and any other cases that fall in between class A and class C.
• Class C culpability includes cases where no weapons were used, or the offender has acted in excessive self-defence. Class C also encompasses cases where the offender suffers from a mental disorder or learning disability.

Harm refers to the injuries, loss, or damage. The level of harm is placed in categories ranging from serious injuries to minimal distress.

• Category 1 – Includes cases where the victim has suffered particularly grave or life-threatening injury. Additionally, this category includes cases where the victim’s injury has resulted in physical or psychological harm resulting in lifelong dependency.
• Category 2 – Includes cases where grave injuries have occurred, or the offence has resulted in permanent, irreversible injury or condition that does not fall in category 1.
• Category 3 – Encompasses all other cases where injury is caused.

It is important to note that the sentencing guidelines for GBH without intent are complex and can vary depending on the circumstances. It is therefore important to seek legal advice if you have been charged with the offence, as the right advice can help to ensure that you receive a fair and just sentence.

What could aggravate the seriousness of section 20 GBH?

The court will also consider any aggravating factors that may increase the seriousness of the offence. These factors will contribute to a higher sentence. An important aggravating feature is previous convictions, particularly where any convictions were for violent offences.

Additional aggravating features include offences committed while on bail and offences that are motivated by hostility based on religion, race, disability, sexual orientation, or transgender identity.

What can reduce the seriousness of section 20 GBH?

The court can also consider factors that may decrease the offender’s sentence. For example, if the defendant shows genuine remorse for their behaviour, or if the defendant is particularly young or lacks maturity or if the defendant suffers from a mental disorder or learning disability.

The court can also reduce a sentence if the defendant has assisted the prosecution. This includes providing information to the production or investigating officer which leads to the arrest of additional defendants or assists in the investigation.

What to do if you have been accused of section 20 GBH?

If you are facing a Police Investigation or have recently been charged with section 20 GBH, it is vital that you seek specialist legal advice as soon as possible. At Old Bailey Solicitors, we have extensive experience in dealing with offences of GBH, and we understand the complexities of the sentencing guidelines. We can provide advice and representation to ensure that you receive the best possible outcome in relation to your case. Our team of experienced criminal defence lawyers will work hard to ensure that your case is presented in the most effective way possible, and that you receive a fair and just outcome. Please contact us to discuss your own individual situation.