Sentencing Guidelines for Section 20 GBH Without Intent

What is Section 20 GBH?

Section 20 of the Offences Against the Person Act 1861 involves causing grievous bodily harm or wounding. A charge of “GBH” is the most severe type of assault charge that a person can face.  There are two offences which involve causing GBH level injury.

• A s18 offence involves an intention to cause GBH level injuries and is therefore the more serious of the two.
• The s20 offence does not require an intention to cause GBH injuries (even though a GBH injury was in fact caused).

The essential elements for a section 20 offence are:

• Unlawful act – The defendant must have caused injury or harm without a lawful justification or defence.
• Maliciously – This refers to acting either with intention to cause harm or with recklessness. The defendant does not need to have intended to cause grievous bodily harm but must have been aware that their actions could likely cause such harm and acted in disregard of that risk.
• Grievous Bodily Harm (GBH) – The term “GBH” refers to serious injury, which can include broken bones, deep cuts, or injuries that require lengthy medical treatment.

The charge under Section 20 does not require an intent to cause GBH but does require a reckless or malicious act that results in significant injury.

What are the Sentencing Guidelines for Section 20 Offences?

The punishment for a Section 20 offence can vary greatly, depending on the severity of the injury caused, the circumstances of the offence, and the defendant’s criminal history. Sentencing guidelines are set out by the Sentencing Council to ensure consistency and fairness in sentencing, but judges have discretion within the framework to tailor the sentence to each individual case.

The offence under Section 20 can be sentenced in the Magistrates’ Court or in the crown court.

Sentencing Ranges

The sentencing guidelines for a Section 20 offence provide a broad range. For cases where the injury is less serious and the culpability is lower, the starting point may be a community order or a short custodial sentence. However, for more serious cases where the injury is severe and the defendant’s culpability is high, sentences can involve several years in prison.

The maximum sentence for a Section 20 offence is five years’ imprisonment, though sentences will often be lower depending on the specifics of the case.

Factors that Influence Sentencing:

1. Seriousness of the Injury – The more serious the injury, the more severe the sentence is likely to be.

The guidelines distinguish between injuries that are:

1. • Serious harm – Significant injuries, such as broken bones, deep wounds, or injuries requiring hospitalisation.
   • Grave injury – Injuries which have a degree of permanence or that have life-changing consequences
2. Culpability of the Offender – The level of intent or recklessness involved in the offence is another critical factor. If the defendant acted with high culpability, such as planning the attack or using a weapon, this could lead to a higher sentence.

3. Aggravating Factors – Aggravating factors can increase the seriousness of the offence and influence the sentence. Some common aggravating factors include:
   • Use of a Weapon or Dangerous Object – If a weapon is used to inflict harm, it can make the offence more severe.
   • Premeditation/Planning – If the attack was planned or premeditated, it can increase the gravity of the offence. Random acts of violence may be treated less seriously in comparison.
   • Vulnerability of the Victim – If the victim is particularly vulnerable (e.g., children, the elderly, pregnant women, or those with disabilities), this could be seen as an aggravating factor.
   • Repeated or Sustained Attack – If the assault involved multiple blows or a sustained attack, it will be treated more seriously.
   • Breach of Trust – If the offence was committed by someone in a position of trust (e.g., a partner, a caregiver, or an authority figure), it will increase the severity of sentence.
4. Mitigating Factors – Alternatively, mitigating factors can reduce the severity of the offence and influence the sentence, often leading to a more lenient punishment. These factors might indicate that the offence was less serious or that the defendant’s circumstances deserve some consideration:
   • Provocation – If the defendant was provoked by the victim or acted in response to an immediate threat (e.g., self-defense or in defense of others), this could be considered a mitigating factor, especially if the response was out of proportion but was not entirely unprovoked.
   • Lack of Intent to Cause Serious Harm – If the defendant did not intend to cause the victim grievous bodily harm but instead acted recklessly or without considering the potential consequences, this can be a mitigating factor. For example, if the injury occurred in the heat of the moment without premeditation.
   • Remorse – If the defendant shows genuine remorse for their actions, either through their behaviour or by apologizing to the victim, the court may consider this when sentencing. Early expression of remorse can also be considered, especially if the defendant shows regret or has taken responsibility for their actions.
   • Age of the Defendant – If the defendant is young, the court may take into account their age and lack of maturity, especially if they have no prior criminal record. Young offenders may be offered a more rehabilitative approach rather than purely punitive.
   • Mental Health Issues – If the defendant was suffering from a mental health condition at the time of the offence that affected their judgment or behaviour, this could be a mitigating factor. The court may take this into account, leading to a more lenient sentence or the consideration of mental health treatment.
   • Lack of Previous Convictions – If the defendant has no previous criminal record or has shown efforts to rehabilitate, the court may take this into account, seeing it as an indication that the offence may have been an isolated incident.
   • Guilty Plea – If the defendant pleads guilty early in the proceedings, particularly at an early stage of the trial (e.g., during the first appearance or arraignment), this can demonstrate acceptance of responsibility and result in a reduction in the sentence, as it saves time and resources in a trial.

Conclusion

Section 20 of the Offences Against the Person Act 1861 plays a pivotal role in addressing violent crimes in England, particularly those that cause serious harm or injury but without the intent required for a Section 18 charge. The sentencing guidelines ensure that justice is administered fairly, considering the seriousness of the offence and the defendant’s culpability.

If you are facing charges under Section 20, it is crucial to engage experienced legal professionals who can provide expert advice and representation. With the right support, it’s possible to navigate the complexities of criminal law and achieve the best possible outcome.