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(6) Nothing in this section prevents a court from treating the fact that an offence was committed against an emergency worker acting in the exercise of functions as such as an aggravating factor in relation to offences not listed in subsection (3). In general the more serious the previous offending the longer it will retain relevance. Can I get away with GBH? In order to be convicted of a Section 20 GBH, there must be proof that the defendant caused the victim serious harm. Next, the court will consider the harm that has been caused. 2nd July 2020 |, 18th June 2018 |, 1st March 2018 |. The court will need to be satisfied that the offender is genuinely remorseful for the offending behaviour in order to reduce the sentence (separate from any guilty plea reduction). Assault & Grievous Bodily Harm - Olliers Solicitors Law Firm Refer to the Sentencing offenders with mental disorders, developmental disorders, or neurological impairments guideline. The victims age, health and other personal factors are relevant when considering whether the appropriate charge is ABH or GBH. They will also highlight your right to legal representation. Instruct an expert criminal law solicitor to represent you It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings. Highly dangerous weapon equivalents can include corrosive substances (such as acid), whose dangerous nature must be substantially above and beyond the legislative definition of an offensive weapon which is; any article made or adapted for use for causing injury, or is intended by the person having it with him for such use. The clear intention of the threshold test is to reserve prison as a punishment for the most serious offences. Equally, assault occasioning actual bodily harm could be an alternative verdict if the Defendant is indicted for Section 20 GBH. GBH is a very serious offence so even if you are a first-time offender you could still face jail time. Examples may include, but are not limited to, posts of images on social media designed to cause additional distress to the victim. Is section 20 GBH an indictable offence? Ultimately, whether an offence meets the criteria of GBH is for the jury to assess, applying contemporary social standards. How are we dealing with cases in times of social distancing? An immature offender may find it particularly difficult to cope with custody and therefore may be more susceptible to self-harm in custody. His client had been charged with the serious offence of section 20 Grievous Bodily Harm or GBH. In some cases, having considered these factors, it may be appropriate to move outside the identified category range. High level community order 2 years custody, Category range * A highly dangerous weapon can include weapons such as knives and firearms. The custody sergeant will ask you if you wish to have anyone informed of your arrest. For offences under Section 18, you could face life imprisonment. Section 40 Scope. Section 20 assault, unlike Section 18 assault which is intentional can be heard in both the magistrates court and crown court, albeit a case will normally be dealt with in the latter. Section 20. do inflict injuries which are seriously detrimental to the health of the victim, but in these cases the defendant has no mens rea (knowledge or intention of wrongdoing), and sentences are capped at five years imprisonment.