Donate SIGN UP

Attacked

Avatar Image
fruitsalad | 17:44 Tue 09th Aug 2016 | Law
10 Answers
What punishment is likely to be given for punching someone in the face twice blacking and cutting underneath his eye and knocking out a front tooth, and what would they be charged with, the person hit was 70 years of age?
Gravatar

Answers

1 to 10 of 10rss feed

Best Answer

No best answer has yet been selected by fruitsalad. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
I don't know. Out of curiosity, what age was the assailant ?
Question Author
Early 30s SR
It's clearly assault occasioning actual bodily harm. The age disparity wouldn't go in his favour, either.
There'll be experts along later who can give a more informed answer.
A 30ish doing that damage to a 70ish man , now that is so unfair :-(
Any history?
https://www.sentencingcouncil.org.uk/wp-content/uploads/Final-MCSG-July-2016.pdf

These are the sentencing guidelines but it depends on the circumstances, previous history and what the Police think is a realistic charge to lay against the assailant.
Question Author
Not of violence ummmm, as far as I know, but does have a criminal record.
I meant between the two parties involved.
I would have thought GBH and the judge won't take the age difference lightly - there is the issue of what circumstances and witnesses etc..
I doubt that a GBH charge could be sustained. From the CPS website:
"Grievous bodily harm means really serious bodily harm. It is for the jury to decide whether the harm is really serious. However, examples of what would usually amount to really serious harm include:
injury resulting in permanent disability, loss of sensory function or visible disfigurement;
broken or displaced limbs or bones, including fractured skull, compound fractures, broken cheek bone, jaw, ribs, etc;
injuries which cause substantial loss of blood, usually necessitating a transfusion or result in lengthy treatment or incapacity;
serious psychiatric injury. As with assault occasioning actual bodily harm, appropriate expert evidence is essential to prove the injury"

So an ABH charge would be more likely.

A vulnerable victim could see the case regarded as 'Category 2' (unless there were reasons for pushing it into 'Category 1', such as the attacker deliberately seeking out the offender to assault him). That means that the 'starting sentence', from which a court must work up or down, is one of 26 weeks imprisonment, with a maximum possible sentence of 51 weeks. However a non-custodial sentence may also be considered. See pages 11 to 14 here:
http://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf

1 to 10 of 10rss feed

Do you know the answer?

Attacked

Answer Question >>