Wounding or inflicting Grievous Bodily Harm (GBH) - (pre June 2011 edition)
Date produced: 31 March 2010
Title: Offences Against the Person
Offence: Wounding or inflicting Grievous Bodily Harm
Legislation: Offences against the Person Act 1861 section 20
Mode of Trial: Either way
Statutory Limitations & Maximum Penalty: 5 years imprisonment
Sentencing range: Specified violent offence
Relevant Sentencing Guidelines
The SGC definitive guideline 'Assault and Other Offences Against the Person' applies to offenders sentenced on or after 3 March 2008.
Seriousness, culpability and harm
The primary factor is the seriousness of the offence committed; that is determined by assessing the culpability of the offender and the harm caused, intended or reasonably foreseeable. Consider the SGC guideline 'Overarching Principles: Seriousness' for general factors when assessing seriousness, culpability and harm. The SGC Assaults guideline states (at para. 22) that use of a weapon or part of the body such as the head usually increases seriousness, and (at para.23) that relative seriousness is based on whether the assault was pre-meditated or spontaneous and on the degree of harm that resulted.
Aggravating and mitigating factors
The most common factors likely to aggravate assaults are:
- planning of an offence;
- offenders operating in groups or gangs;
- deliberate targeting of vulnerable victim(s);
- offence committed against those working in the public sector or providing a service to the public;
- use of a weapon to frighten or injure victim;
- a sustained assault or repeated assaults on the same victim;
- circumstances such as isolated location, taking advantage of poor lighting, vulnerability of victim
The most common mitigating factor is:
- provocation
SGC guidelines
The guidelines set out below apply to a first time adult offender who has been convicted after a trial, and on the basis that he/she has not been assessed as dangerous.
- Type/nature of activity: Particularly grave injury or disfigurement results from a pre-meditated assault where a weapon has been used
Starting point: 3 years custody
Sentencing range: 2 - 4 years custody - Type/nature of activity: Pre-meditated assault where a weapon has been used OR Other assault where particularly grave injury results or a weapon has been used
Starting point: 18 months custody
Sentencing range: 12 months - 3 years custody - Type/nature of activity: Pre-meditated assault where no weapon has been used
Starting point: 36 weeks custody
Sentencing range: 24 weeks - 18 months custody - Type/nature of activity: Other assault where no weapon has been used
Starting point: 24 weeks custody
Sentencing range: Community Order (High) - 36 weeks custody
If the offence was committed in a domestic context, consider the SGC guideline 'Overarching Principles: Domestic Violence' (see Archbold at K-82)
If the victim is a child, consider the SGC guideline 'Overarching Principles: Assaults on children and Cruelty to a child'.
Cases involving sentence and/or appeal hearing after issue of the SGC definitive guideline
More serious offences towards the top and less serious offences towards the bottom
Hurley [2009] 1 Cr.App.R.(S.)100
Appellant was at a friend's home, when the victim was asked to leave and he followed him. During a confrontation the appellant punched him about four or five times in the face, causing him to fall backwards and hit his head on a log lying on the ground. The victim suffered a fractured eye socket, a fractured skull and a large bleed to the brain; he remained in a coma and it was expected that he would remain in a vegetative state for the rest of his life. Convicted after trial. The Court held that the offence was so grave as to take it outside the category of the SGC guidelines. Sentence of four years imprisonment upheld.
Hall [2008] EWCA Crim 1208
Appellant went to victim's house and demanded payment. He punched the victim to his right eye, causing loss of sight in that eye and affecting also vision in his left eye. Further blows by appellant and two others. Convicted by jury. Previous ABH conviction. SGC guidelines issued post-sentence: upper limit of bracket 3 years if no weapon used. Extended sentence of 5 years unaltered with the custodial period reduced to 3 years.
Williamson [2010] 1 Cr.App.R.(S.) 16
The appellant was in the flat of a woman with whom he had a relationship. He received some text messages. He punched her, she fell to the floor, he grabbed her hair, punched her twice more and kicked her to the face. The victim entered the bathroom where the appellant attacked her again, punching her to her face so that she fell into the bath. He continued punching her whilst she lay in the bath. Police officers arrived. Injuries included a broken nose, loose teeth and a fractured cheek bone. Guilty plea. Previous convictions included three assaults. Sentence reduced to three years imprisonment.
Owen [2009] 1 Cr.App.R.(S.) 64
Argument outside a fish and chip shop. Victim challenged the appellant to hit him, and the appellant punched him once in the face with such force that he fell backwards, striking his head on the pavement. Victim suffered severe brain damage and almost total blindness; permanently disabled and requiring intensive nursing care for the rest of his life. Guilty plea. Appellant aged 19 and of previous good character. SGC guidelines considered. Since no weapon was used, the sentencing range for a first-time adult offender convicted after a trial of an assault resulting in particularly grave injury was one to three years. Sentence reduced to two years detention.
Kee [2010] 1 Cr.App.R.(S.) 45
The appellant, who was drunk, approached the victim who was in a bar with some friends. There was some banter and the victim called the appellant a slag. She threw the contents of her wine glass over the victim, punched him to the head and hit him twice in his face with the glass in quick succession. The victim suffered a large wound to his right cheek which required surgery and other injuries to the head and forehead. Guilty plea, aged 29, no criminal record. The Court of Appeal concluded that the starting point after trial would have been three years, with credit for guilty plea and finally further discount for the appellant's particularly strong personal mitigation. Sentence reduced to 21 months imprisonment.
R v Burns [2009] EWCA Crim 2150
Following an incident in a bar, the appellant walked up behind the victim and smashed an unbroken glass over the top of his head. Small laceration and multiple superficial cuts. Aged 18 at the time of the offence, guilty plea, no previous convictions. Range in the SGC guidelines for a premeditated attack where a weapon was used 12 months to three years. Sentence reduced to 16 months detention.
Abdille [2010] 1 Cr.App.R.(S.) 18
The appellant approached a girl aged 15 waiting at a bus stop with her friend. He made offensive remarks to them and eventually they decided to leave. In doing so the girl made contact in some way with the appellant and he punched her causing two fractures to her jaw. Guilty plea and committal for sentence. Appellant's previous convictions included robbery, and he was subject to a suspended sentence. Sentence for section 20 offence reduced to 18 months imprisonment with the suspended sentence of six months activated consecutively.
Olawo [2008] 2 Cr.App.R.(S.) 113
An enforcement officer arrived at the appellant's house with a warrant. During a scuffle, he lifted the enforcement officer up above his head and let him to fall on the floor outside the house, fracturing his collar bone. Convicted. Previous good character. SGC definitive guidelines issued. Held that "particularly grave injury" meant harm that is particularly serious by the standards of grievous bodily harm generally. Paragraph 19 indicated that an offence against a person working in the public sector or providing a service to the public was an aggravating factor. Sentence reduced to 12 months imprisonment.
Shannon [2009] 1 Cr.App.R.(S.) 95
The appellant and the victim were in a bar; both had been drinking. Appellant punched the victim without any provocation, causing a broken jaw and a cracked tooth which required surgery. Guilty plea. Previous good character. SGC definitive guideline published prior to sentence. The Court decided that the injury was not particularly grave and that the case fell into the 24 weeks to 18 months range for premeditated assault where no weapon has been used. Sentence reduced to eight months imprisonment.
Recent Decisions reported in CSP at B 2-3.3 divided into: attacks not involving use of weapon; attack with weapon, not intent to course serious injury. See CSP B2-6 for assaults on police officers.
Ancillary Orders:
- Compensation
- Exclusion order
- Drinking banning order
- Anti-social behaviour order
- Football banning order
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