The Role of Criminal Defence Solicitors in Defending Against ABH and GBH Charges

Assault Occasioning Actual Bodily Harm and Assault Occasioning Grievous Bodily Harm (ABH and GBH) are the two most serious offences under the Offences Against the Person Act 1861. They apply to cases of assault where more serious injuries have been caused than that of lower level offences. As a result, these offences can carry significant sentences upon conviction, with a Section 18 GBH carrying a maximum sentence of life imprisonment.

These cases can often be complex with a requirement for a number of experts, such as to assess certain medical evidence. Furthermore, due to the nuances between the different offences, careful consideration is often required to confirm whether an individual has been charged with the most suitable offence. It is therefore vital that a defence solicitor is instructed at the earliest opportunity in these types of cases.

Differences Between ABH and GBH Offences

There are two significant differences between the offences of ABH and GBH relating to the intent behind the action and the level of harm caused:

Assault Occasioning Actual Bodily Harm

• Harm: ‘actual bodily harm’ can refer to any injury or mark caused by the assault. Whilst common assault can be committed without any actual contact between the defendant and the complainant, ABH refers to assaults where contact has been made and this has resulted in some form of injury. The level of injury must be ‘more than transient or trifling’ and can range from small scratches and reddening /bruising to minor fractures and loss of consciousness.
• Intent: this offence can be committed both intentionally (meaning that the individual meant to assault the complainant) or reckless (meaning that they took an unjustified risk which amounted to the commission of an assault). The level of harm intended is not relevant to the offence of ABH.

Assault Occasioning Grievous Bodily Harm

This offence comes under two sections of the Offences Against the Person Act – both section 18 and section 20. The harm is the same for the two offences but they differentiate in relation to a defendant’s intent.

• Harm: these offences refer to assaults where the resulting injuries are deemed ‘very serious’, though they do not necessarily need to be permanent or life-threatening. Common examples can include broken bones, severe cuts and permanent or severe disfigurement. In some cases, it can even refer to psychiatric trauma/illness.
• Intent: this varies between the two offences.
  • S20 GBH: also known as GBH without intent or ‘unlawful wounding’. This refers to offences where the individual intended to assault the complainant but did not intend to cause the resulting severity of injury. It is the least serious of the two GBH offences.
  • S18 GBH: also known as ‘malicious wounding’ or ‘wounding with intent’. This refers to offences where the individual intended to both carry out the assault and for it to result in very serious harm. This is the most serious assault offence.

The Role of a Solicitor in Assault Cases

Due to the serious and complex nature of these cases, it is important that you instruct a defence solicitor to assist with your case to ensure you get the best outcome possible. A defence solicitor will be able to assist to prepare your case in a number of ways:

Instructing Experts

Often in cases involving ABH and GBH allegations, it will be necessary for the defence to instruct medical experts. For example, a medical expert may be required to provide an independent opinion on the level of injuries caused to the complainant. The outcome of such an assessment could have a serious impact on confirming whether the defendant has been charged with the appropriate offence. Furthermore, a medical expert may be able to provide better insight into how a certain injury is caused. This can often be helpful in cases involving alleged weapons or where the intent of the defendant is in dispute.

Mental health experts and psychologists/psychiatrists are also often crucial to such cases in helping to demonstrate the defendant’s mental state at the time of an alleged offence. Assessment of a defendant’s mental state is likely to be significant in helping to prove what intent the defendant had at the time of the alleged offence.

Writing Representations to the Crown Prosecution Service

Written representations to the Crown Prosecution Service can often be of utmost importance in cases involving ABH or GBH, especially when combined with a relevant expert report. It is frequent that there will be disagreement about the most suitable offence that a defendant should be charged with. A defence solicitor will be able to assist by writing representations to the prosecution to ensure the most suitable offence is applied, as well as providing advice to a defendant about the differences and appropriate pleas in their circumstances.

Advancing Defences

Defence solicitors will also help to advance any defence an individual needs to put forward, such as that of self-defence. As indictable offences, many cases involving these charges will be tried in the Crown Court. Defence solicitors will therefore be crucial for helping to prepare defence statements and ensuring any necessary supporting evidence is obtained.

Sentencing

A defence solicitor will also be necessary to assist with any sentencing. Due to the serious nature of these offences, the sentences can be significant and, in the majority of cases, will pass the custody threshold.

ABH: Range of a Band B fine and 4 years’ custody with a maximum of 5 years’ custody.

S20 GBH: Range of a Medium Level Community Order and 4 years and 6 months’ custody with a maximum sentence of 5 years’ custody.

S18 GBH: Range of 2 years’ custody and 16 years’ custody with a maximum sentence of life imprisonment.

A defence solicitor will be able to advise upon and collate the necessary mitigation material to ensure a defendant receives the most appropriate sentence for their case. This may again include instructing independent medical experts for the defendant or identifying personal circumstances contextualising the offending.

What to Do Next

If you have been charged with ABH, S20 GBH or S18 GBH, it is important that you instruct a defence solicitor at the first opportunity. At Old Bailey Solicitors we have a number of experienced solicitors who will help to ensure you achieve the best outcome in your case. This may include advocating for a more appropriate charge or obtaining experts to help advance your defence. We have a range of connections of suitable experts to assist in your case.

If you require assistance with your case, please contact Old Bailey Solicitors on 0207 8464 999 or email [email protected]

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