3 years 4 years 6 months custody, Category range .nf-form-content .nf-field-container #nf-field-85-wrap .nf-field-label label { For these reasons first offenders receive a mitigated sentence. The fact that an offender is voluntarily intoxicated at the time of the offence will tend to increase the seriousness of the offence provided that the intoxication has contributed to the offending. Offender was a member of, or was associated with, a group promoting hostility based on race or religion. } The emotional and developmental age of an offender is of at least equal importance to their chronological age (if not greater). No matter how serious the allegation, we understand the stress and worry that cases of this nature can bring and we guide our clients through their case with sensitivity . The court will consider your culpability (blameworthiness) and the harm caused to the victim when deciding on the length of your sentence. Kang & Co Solicitors is the trading name of Kang & Co Solicitors Limited, a limited company registered in England & Wales. border-style:solid; Cases falling between category A or C because: Factors in both high and lesser categories are present which balance each other out; and/or, The offenders culpability falls between the factors as described in high and lesser culpability, Mental disorder or learning disability, where linked to the commission of the offence, Particularly grave and/or life-threatening injury caused, Injury results in physical or psychological harm resulting in lifelong dependency on third party care or medical treatment, Offence results in a permanent, irreversible injury or condition which has a substantial and long term effect on the victims ability to carry out normal day to day activities or on their ability to work, Grave but non life-threatening injury caused, Offence results in a permanent, irreversible injury or condition but no substantial and long term effect on victims ability to carry out normal day to day activities or on their ability to work, The seriousness of the offence should be the. Maximum sentence for the aggravated offence on indictment is 7 years custody (maximum when tried summarily is 6 months custody), Care should be taken to avoid double counting factors already taken into account in assessing the level of harm at step one. Aggravated nature of the offence caused some fear and distress throughout local community or more widely. Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: disability, sexual orientation or transgender identity, Offence was committed against an emergency worker acting in the exercise of functions as such a worker, Offence was committed against person providing a public service, performing a public duty or providing services to the public, Offence committed against those working in the public sector or providing a service to the public or against a person coming to the assistance of an emergency worker, Offence committed in prison (where not taken into account as a statutory aggravating factor), Any steps taken to prevent the victim reporting an incident, obtaining assistance and/or from assisting or supporting the prosecution, Commission of offence whilst under the influence of alcohol/drugs, Offence committed whilst on licence or post sentence supervision, Failure to comply with current court orders, No previous convictions or no relevant/recent convictions, Mental disorder or learning disability, where not linked to the commission of the offence, Sole or primary carer for dependent relative(s), Determination and/or demonstration of steps taken to address addiction or offending behaviour, Serious medical conditions requiring urgent, intensive or long-term treatment. User guide for this offence Disqualification until a test is passed, 6. In many cases, a pre-sentence report will be pivotal in helping the court decide whether to impose a community order and, if so, whether particular requirements or combinations of requirements are suitable for an individual offender. Previous convictions are likely to be relevant when they share characteristics with the current offence (examples of such characteristics include, but are not limited to: dishonesty, violence, abuse of position or trust, use or possession of weapons, disobedience of court orders). For a s20 offence, the defendant must intentionally or recklessly wound or inflict grievous bodily harm on the victim. Section 1 of the Queensland Criminal Code defines GBH as: the loss of a distinct part or an organ of the body; or serious disfigurement; or any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health. In cases involving significant persistent offending, the community and custody thresholds may be crossed even though the current offence normally warrants a lesser sentence. font-size:12pt; In particular young adults (typically aged 18-25) are still developing neurologically and consequently may be less able to: Young adults are likely to be susceptible to peer pressure and are more likely to take risks or behave impulsively when in company with their peers. } /* FIELDS STYLES */ Section 52 of the Sentencing Code imposes a duty to give reasons for, and explain the effect of, the sentence. If so, they must commit for sentence to the Crown Court. Section 59(1) of the Sentencing Code provides that: unless the court is satisfied that it would be contrary to the interests of justice to do so.. A close examination of the facts is necessary and a clear justification should be given if abuse of trust is to be found. We also have an office at, Driving a Vehicle in a Dangerous Condition, Administering a Noxious or Poisonous Substance, Grievous Bodily Harm (GBH) / Wounding with Intent, Charity Partner 2018 Birmingham Dogs Home, Charity Partner 2019 Acorns Childrens Hospice, Sentencing Council: Inflicting grievous bodily harm/ Unlawful wounding/ Racially or religiously aggravated GBH/ Unlawful wounding, A custodial (prison) sentence of up to 5 years. (a) in the case of a prisoner custody officer, means the functions specified in section 80(1) of the Criminal Justice Act 1991; (b) in the case of a custody officer, means the functions specified in paragraph 1 of Schedule 1 to the Criminal Justice and Public Order Act 1994; NHS health services means any kind of health services provided as part of the health service continued under section 1(1) of the National Health Service Act 2006 and under section 1(1) of the National Health Service (Wales) Act 2006; prisoner custody officer has the meaning given by section 89(1) of the Criminal Justice Act 1991. The time for which a sentence is suspended should reflect the length of the sentence; up to 12 months might normally be appropriate for a suspended sentence of up to 6 months. An immature offender may find it particularly difficult to cope with custody and therefore may be more susceptible to self-harm in custody. Offence committed for commercial purposes, 11. s20 gbh sentencing guidelines. The imposition of a custodial sentence is both punishment and a deterrent. Magistrates: Consult your legal adviser before deciding to sentence to custody without a pre-sentence report. The court should determine the offence category with reference only to the factors listed in the tables below. Leaving care services may change at the age of 21 and cease at the age of 25, unless the young adult is in education at that point). The court should take account of any potential reduction for a guilty plea in accordance with section 73 of the Sentencing Code and the Reduction in Sentence for a Guilty Plea guideline. It applies to all offenders aged 18 and older, who are sentenced on or after the effective date of this guideline, regardless of the date of the offence.*. The court should consider whether having regard to the criteria contained in Chapter 6 of Part 10 of the Sentencing Code it would be appropriate to impose an extended sentence (sections 266 and 279). Automatic orders on conviction for sexual offences, Additional note: Availability of ancillary orders, 1. The offences in the OAPA are ABH (s47), GBH and wounding (s18 and 20). Where there are characteristics present which fall under different levels of culpability, the court should balance these characteristics giving appropriate weight to relevant factors to reach a fair assessment of the offenders culpability. (ii) section 18 (wounding with intent to cause grievous bodily harm); (iv) section 23 (administering poison etc); (v) section 28 (causing bodily injury by explosives); (vi) section 29 (using explosives etc with intent to do grievous bodily harm); (vii) section 47 (assault occasioning actual bodily harm); (b) an offence under section 3 of the Sexual Offences Act 2003 (sexual assault); (e) an inchoate offence in relation to any of the preceding offences. Where the offender is dealt with separately for a breach of an order regard should be had to totality. Aggravated element formed a minimal part of the offence as a whole. First time offenders usually represent a lower risk of reoffending. The requirements are identical to those available for community orders, see the guideline on Imposition of Community and Custodial Sentences. (2) The court must treat as an aggravating factor each relevant previous conviction that it considers can reasonably be so treated, having regard in particular to (a) the nature of the offence to which the conviction relates and its relevance to the current offence, and (b) the time that has elapsed since the conviction. This applies regardless of whether the offender is under the influence of legal or illegal substance(s). 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; . In particular, a Band D fine may be an appropriate alternative to a community order. The court must have regard to the totality of the offenders criminality when passing the second sentence, to ensure that the total sentence to be served is just and proportionate. In addition when sentencing an offender who is pregnant relevant considerations may include: The court should ensure that it has all relevant information about dependent children before deciding on sentence. User guide for this offence (4) For the purposes of subsection (2) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker. Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. The following is a list of factors which the court should consider to determine the level of aggravation. border-color:#000000; evaluate the consequences of their actions, any effect of the sentence on the health of the offender and, any effect of the sentence on the unborn child.

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