Wounding or inflicting Grievous Bodily Harm (GBH) with intent - (pre June 2011 edition)
Date produced: 31 March 2010
Title: Offences Against the Person
Offence: Wounding or Inflicting Grievous Bodily Harm with Intent
Legislation: Offences Against the Person Act 1861 section 18
Mode of Trial: Indictable only
Statutory Limitations & Maximum Penalty: Life imprisonment
Sentencing range: Serious specified violent offence. Schedule 15A CJA 2003 applies
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: Victim suffered life-threatening injury or particularly grave injury from a pre-meditated wounding or GBH involving the use of a weapon acquired prior to the offence and carried to the scene with specific intent to injure the victim
Starting point: 13 years custody
Sentencing range: 10 - 16 years custody - Type/nature of activity: Victim suffered life-threatening injury or particularly grave injury (where the offence was not pre-meditated) OR Pre-meditated wounding or GBH involving the use of a weapon acquired prior to the offence and carried to the scene with specific intent to injure the victim (but not resulting in a life threatening injury or particularly grave injury)
Starting point: 8 years custody
Sentencing range: 7 - 10 years custody - Type/nature of activity: Victim suffered a very serious injury or permanent disfigurement OR Pre-meditated wounding or GBH OR Other wounding or GBH involving the use of a weapon that came to hand at the scene
Starting point: 5 years custody
Sentencing range: 4 - 6 years custody - Type/nature of activity: Other wounding or GBH
Starting point: 4 years custody
Sentencing range: 3 - 5 years 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'.
Aggravation based on victim's race, religion, disability or sexual orientation
A court should firstly determine the appropriate sentence without taking account of the aggravated element and then make an addition to the sentence.
If proved, the following factors can be taken to indicate a high level of aggravation whether based on the victim's race, religion, disability or sexual orientation:
The offender's intention:
- the aggravated element was a planned part of the offence;
- the offence was part of a pattern of offending by the offender;
- the incident was deliberately set up to be offensive or humiliating to the victim or to the group of which the victim is a member.
The impact on the victim or others:
- the nature, timing or location of the offence was calculated to maximise the harm or distress it caused;
- the offence is shown to have caused fear and distress throughout a local community.
At the lower end of the scale, the aggravated element might be less serious if:
- it was limited in scope or duration;
- the motivation for the offence was not hostility based on the victim's race, religion, disability or sexual orientation, and the element of such hostility or abuse was minor or incidental.
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.
Cross [2009] 1 Cr.App.R.(S.) 34
Appellant felled victim to the ground, and kicked him once on his head. The victim had a blood clot on the brain, relapsed into a coma and remained in a vegetative state likely to be permanent. Convicted after trial. Sentence of life imprisonment replaced by a sentence of imprisonment for public protection. The SGC guideline, which was not in effect when sentence was passed, provided a range of seven to 10 years. A minimum term of five years was set.
AG's Ref 14 of 2009 (Morgan) [2010] 1 Cr.App.R.(S.) 17
Offender with an appalling record convicted of wounding with intent and robbery. He (the ringleader) and another man attacked a prostitutes client; he was working in league with the prostitute. Injuries included a depressed fracture of the skull, leading to brain damage. Sentenced to nine years imprisonment. Eight aggravating features. Sentence regarded as unduly lenient and increased to imprisonment for public protection with a minimum term of six years.
R v Chatburn [2010] EWCA Crim 115
The appellant and another chased the victim, a 15-year-old boy who had thrown a turntable, into an alley. The other offender punched him, knocking him to the ground unconscious. Whilst the victim was unconscious, the appellant kicked him hard to his head. The victim sustained life-threatening injuries, particularly to his brain, which left him disabled. Convicted after trial of causing grievous bodily harm with intent. Many previous convictions, mainly for dishonesty. Sentence of nine years imprisonment upheld.
AG's Ref No 44 of 2008 (Patterson) [2009] 1 Cr.App.R.(S.) 111
The offender and victim lived at the same address. The victim asked for noise to be turned down. During a struggle the offender stabbed the victim with a knife. Seven wounds, of which one caused a pneumothorax of the lung and a subcutaneous emphysema of overlying subcutaneous tissue. Convicted by jury. The sentencing judge remarked that it was lucky that the victim had not died and that he had considered the SGC guidance. Sentenced to four years imprisonment. Unduly lenient. A sentence of seven years imprisonment was substituted for the sentence imposed by the sentencing judge.
Stanley [2008] 2 Cr.App.R.(S.)107
Appellant had a relationship with a woman, who left a public house with another man. He stabbed the man and assaulted the woman. Guilty pleas. The SGC guidelines suggested a range of seven to 10 years. Life sentence substituted by a sentence of imprisonment for public protection. In setting a minimum term, the Court had to take account of both assaults. It concluded that following a trial 10 years would have been appropriate; one-third off for an early plea and halving the custodial term produced a minimum term of three years and four months.
Haystead [2010] 1 Cr.App.R.(S.) 21
Appellant struck victim in the neck with a piece of broken glass which he had retained hoping to encounter him following an earlier altercation. Main injury a deep laceration extending into underlying muscle. Serious effect upon victim's career as a soldier. Convicted by jury. Aged 19 at the time of offence and treated as being of good character. Sentenced to six years detention in a YOI. Appeal dismissed.
AG's Ref No 14 of 2008 (Cook) [2009] 1 Cr.App.R.(S.) 62
Offender tried to calm an incident at his home and asked the victim to leave. After violence towards the victim by another man, the offender followed the victim onto his property and made a sustained attack two against one on him with a wooden bat or bar, aiming blows at his head and legs. One blow broke the victim's elbow as he tried to protect his head. Convicted after trial. SGC's guideline published after sentence; table therein was considered in the Court of Appeal. The sentence of three years imprisonment was at the bottom of the range in the least serious box. For the offender, it was suggested that the second box up applied. For the Attorney General, it was submitted that the offence fell into the next box up. It seemed to the Court that the offence did not fall very happily into either of the boxes concerned. Unduly lenient. Having regard to double jeopardy, sentence increased sentence to five years.
Smith [2009] 1 Cr.App.R.(S.) 37
Altercation between motorists. Appellant pleaded guilty to wounding with intent on the basis that he had attacked the victim after being subjected to racist abuse. He got out of his car to confront the victim with a putty knife (which he had with him for work purposes). As the victim tried to reverse, the appellant leaned through the driver's window and with a single blow slashed the victim's face with the knife entering one side of his mouth, through the lower lip and cutting the shoulder. The conclusion that the sentence was too high was supported by reference to the SGC guideline which came into effect after sentence. Sentence reduced to five years imprisonment.
Bowley [2009] 1 Cr.App.R.(S.) 79
Fight between two gangs of youths during which stones, bricks and bottles were thrown. Applicant took a knife from his pocket, the victim threw his weapon down and said they should fight, the applicant stepped towards the victim and stabbed him in the chest. Extensive surgery necessary. External 20cm wound along the middle of his abdomen and wounds found in his diaphragm, stomach and liver. Guilty plea, aged 17. Sentenced to detention for public protection with a period of three years under the PCC(S) Act 2000 s.82A. The sentencing judge had been referred to the SGC's guideline. Application for leave to appeal refused.
AG's Ref No 49 of 2008 (Blake) [2009] 1 Cr.App.R.(S.) 109
Offender, aged 16 at the time of the offence, and two friends were asked to leave a fast food restaurant. Outside, the others attacked a staff member who had followed them. The offender produced a kitchen knife and stabbed the victim six times: five wounds to the shoulder area and once to the upper chest, piercing the rib cage causing internal bleeding and the collapse of a lung. Guilty plea on the basis that he had not been involved in the initial argument but had stabbed after being grabbed around the neck by him. 12 months detention and training order imposed. Per Lord Judge CJ: "Those who carry knives in the street and then use them to wound and injure must expect severe punishment - no ifs, no buts, no perhaps. We must do what we can to eradicate this dreadful knife problem." Offence treated as a grave crime for the purposes of the PCC(S) Act 2000 s.91 and sentence increased to three years detention.
AG's Ref 6 of 2009 (DR) [2009] 2 Cr.App.R.(S.) 108
Offender, aged 17 at the time of the offence, and victim had been playing football. During a confrontation, the offender stabbed the victim in his chest with a penknife and ran off. Community order comprising 18 months supervision, 100 hours unpaid work and a six-month curfew following guilty pleas to wounding with intent and possession of offensive weapon. The Court of Appeal held that there was the strongest possible personal mitigation, namely his youth, immediate admission to the police, his plea, positive good character, remorse and medical condition. Unduly lenient. Sentence increased to 24-month detention and training order.
AG's Ref (No.95 of 2009) (Blight) [2010] EWCA Crim 353
The appellant lived with the victim's mother. During an altercation between them, the victim attacked the appellant with an axe. The appellant grabbed a knife, approached the victim initially intending to disarm him, and the victim swung the axe injuring the appellant. The appellant stabbed the victim once in the area of his neck and chest. Major blood vessels severed, requiring complex and high risk surgery. Late guilty plea. Appellant aged 51 and of previous good character. Remanded in custody for over four months. Sentence not unduly lenient. Suspended sentence reduced to 12 months.
Relevant Sentencing Case Law
Recent Decisions in CSP at B2-2.3 divided into: stabbings; attacks with bottles, glasses etc.; involving kicking, stamping etc.; throwing corrosive fluid; petrol bombs etc.; axe and hammer attacks; shootings; racial attacks; involving motor vehicles. 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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