Colin Friels
Tom Stewart
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Aug 6, 2021 · Grievous bodily harm (GBH) is when someone intentionally or recklessly inflicts serious bodily harm on someone else. Common examples include: Causing a visual disfigurement.
- Introduction
- Charging Offences Involving Domestic Abuse
- Assaults on Emergency Workers and Public Servants
- Assaults on People Providing A Public Service
- Common Assault – S.39 Criminal Justice Act 1988
- Assault Occasioning Actual Bodily Harm (ABH) – S.47 OAPA 1861
- Common Assault Or ABH: Decision on Charge
- Assault with Intent to Resist Arrest – S.38 OAPA 1861
- Maximum Sentence and Racially and/or Religiously Aggravated Assaults
- Throwing Corrosive Fluid on A Person – S.29 – Acid Attacks
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This Charging Standard is designed to assist prosecutors and investigators in selecting the most appropriate charge, in the light of the facts that can be proved, at the earliest possible opportunity where offences against the person are concerned. The Charging Standard is subject to: 1. the principles set out in the Code for Crown Prosecutors(“the...
Prosecutors should refer to the Domestic Abuselegal guidance when considering cases involving domestic abuse.
Prosecutors should have regard to theAssaults on Emergency Workers (Offences) Act 2018 Guidancewhen considering assaults committed against an emergency worker acting in the exercise of functions as such a worker.
Prosecutors should have regard to the section 68A Sentencing Act 2020 (SA 2020), inserted by section 156 Police Crime and Sentencing Act 2022, which states that when the Court is sentencing an assault against a person providing a public service, performing a public duty or providing services to the public, the court must treat this as an aggravatin...
An assault is any act (and not mere omission to act) by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence. The term assault is often used to include a battery, which is committed by the intentional or reckless application of unlawful force to another person. Where there is a battery, the de...
The offence is committed when a person intentionally or recklessly assaults another, thereby causing Actual Bodily Harm. It must be proved that the assault (which includes “battery”) “occasioned” or caused the bodily harm. Bodily harm has its ordinary meaning and includes any hurt calculated to interfere with the health or comfort of the victim: su...
Where assault involves battery that is more than transient or trifling (R v Donovan [1934] 2 KB 498), the prosecutor has to determine whether a charge of common assault or ABH is appropriate. There is an overlap, as recognised in DPP v Smith [2006] EWHC 94 (Admin). A prosecutor should consider the following: 1. The culpability of the offender, the ...
This offence is committed when a person assaults another person with intent to resist arrest or prevent the lawful apprehension/detention of themselves or another for any offence. It is an either way offence, which carries a maximum penalty on indictment of two years’ imprisonment and/or a fine. A charge contrary to s.38 may properly be used for as...
Prosecutors should refer to the Racist and Religious Hate Crime legal guidance when considering offences classified as racist or religious hate crime. Annex A of the Racist and Religious Hate Crimeguidance contains a table of legislation used to prosecute racist and religious crime and the maximum sentences for each offence.
Section 29 of the OAPA 1861: "Whosoever shall unlawfully and maliciously ... cast or throw ... or otherwise apply any corrosive fluid ... with intent ... to burn, maim, disfigure or disable any person, or to do some grievous bodily harm to any person, shall, whether any bodily injury be effected or not, be guilty of [an offence] ..." The s.29 offen...
Learn how to charge offences against the person, including assault, battery, GBH and wounding, in accordance with the Code for Crown Prosecutors and the law. Find out the statutory time limits, aggravating factors and domestic abuse considerations for these offences.
Learn the legal definitions and elements of grievous bodily harm (GBH) and wounding, two serious non-fatal offences against the person. Find out how to distinguish between them and what factors affect the severity of harm.
Jun 11, 2024 · Learn the legal definition and examples of grievous bodily harm, a serious physical injury that can result in criminal charges. Find out how it differs from wounding with intent and murder, and how it is used in different legal contexts.
Grievous bodily harm or wounding: the maximum sentence is five years’ custody. if the assault is racially or religiously aggravated, the maximum sentence is seven years’ custody. if the assault was committed with intent to cause GBH/wounding then the maximum sentence is life imprisonment.
GBH stands for grievous bodily harm, a criminal offence that involves intentionally causing severe physical harm to another person. Learn about the legal elements, examples, and possible penalties for GBH in the UK, and how to seek legal assistance if accused.
This section defines assault and aggravated assault under the Uniform Code of Military Justice. It covers different types of assault, such as with force or violence, with a dangerous weapon, or with intent to commit specified offenses.
