(5) In this section, emergency worker has the meaning given by section 68. Where an offender has used their good character or status to facilitate or conceal the offending it could be treated as an aggravating factor. Youth custodial sentences: Police, Crime, Sentencing and Courts Bill The Handbook Of Comparative Criminal Law [PDF] [p7j31vcld600] .nf-form-content .nf-field-container #nf-field-88-wrap .nf-field-element .ninja-forms-field:hover { It is sometimes known as wounding with intent, and that is the keyword in proving an offence under Section 18. Grievous Bodily Harm, or GBH, can be defined as the purposeful causing of serious injury to another person. If so, they must commit for sentence to the Crown Court. * A highly dangerous weapon includes weapons such as knives and firearms. In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. Environment plays a role in neurological development and factors such as adverse childhood experiences including deprivation and/or abuse may affect development. What constitutes GBH with intent: Section 18 or Section 20? A conviction of wounding or GBH under S. 20 represents the lesser offence which carries a maximum penalty of 5 years imprisonment. Things our solicitors look out for in Section 20 GBH Cases Identifying weaknesses within the prosecution case; Having determined the category, the court should use the corresponding starting points to reach a sentence within the category range below. border-color:#000000; i) The guidance regarding pre-sentence reports applies if suspending custody. Menu. Note in particular paragraph 5 for Black, Asian and Minority Ethnic offenders. Causing grievous bodily harm with intent to do grievous - Sentencing Approach to the assessment of fines - introduction, 6. It is for the prosecution to prove that the offender intended to . (iii) a disability (or presumed disability) of the victim, (iv) the sexual orientation (or presumed sexual orientation) of the victim, or (as the case may be), (v) the victim being (or being presumed to be) transgender, or, (b) the offence was motivated (wholly or partly) by. A simple assertion of the fact may be insufficient, and the offenders demeanour in court could be misleading, due to nervousness, a lack of understanding of the system, a belief that they have been or will be discriminated against, peer pressure to behave in a certain way because of others present, a lack of maturity etc.
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