ABH, GBH s20 or GBH s18

[JaySherratt]

Hi all,

My brother was assaulted and we are wondering what the likely charge will be. Police have bailed two suspects but won't tell us what the charges are? Is this normal, do they tend to gather more evidence before determining a charge with the CPS?

Injuries were;

Fractured Orbital Bone, fractured radius, multiple stitches to nose and eye, multiple bruises to torso and face. Needless to say it was a continued assault.

Thanks in advance for any help.

[Buenchico]

Section 18 ('GBH with intent') applies here.

Read the definition of 'GBH' (or 'wounding' which is just an alternative wording) under "Unlawful wounding/inflicting grievous bodily harm, contrary to section 20 of the Offences against the Person Act 1861" here:
http://www.cps.gov.uk...s_against_the_person/

Then scroll down to "Wounding/causing grievous bodily harm with intent, contrary to section 18 Offences Against the Person Act 1861" to see what elevates a Section 20 offence to Section 18.

I'll now use my psychic powers to predict that your next question will be: "What's the likely sentence?". See pages 3 to 6 here:
http://sentencingcoun...ine_-_Crown_Court.pdf
(Note that the sentences shown in the table on page 5 refer to a first-time offender who is convicted after a trial. An early guilty plea can see sentencing cut by one third but previous convictions can push sentencing higher).

Chris

[JaySherratt]

Thanks Chris,

Is there any reason why we would not be told of the charge? Are the police unable to disclose this information? My thinking is the current charge is not GBH but maybe at a later stage following more evidence etc.

Thanks once again for your reply!

[New Judge]

The CPS will decide what, if any, charges will me laid, but it may take them some time. Far from being unable to disclose what charges are when that decision has been taken, the CPS has an obligation under "The Prosecutors' Pledge" to keep you fully informed of their decision:

http://www.cps.gov.uk...rosecutor_pledge.html

[FredPuli43]

They may have been bailed pending further enquiries and/or the CPS to advise on the appropriate charges. They could have been arrested for any of those offences, but what they'll be finally charged with not decided.

It's a section 18. If they are charged with that, they'll be wise to offer pleas of guilty to s20 gbh, but it'll be a generous prosecutor who accepts that as sufficient, on the face of it. Continued assault demonstrates a serious intent to inflict such injuries and the injuries are enough to constitute gbh.

[EDDIE51]

New Judge, could you comment on this case please , it is too complicated for me
http://www.theanswerb.../Question1162246.html
There is a lot of back ground on the questioners previous posts which are relevant to this question. I would appreciate your input .

[New Judge]

I must say I concur entirely with fredpauli on that one Eddie - it would be a matter for the judge to dtermine whether the trial had been jeopardised by the unauthorised disclosure of previous convictions. I have not been following the earlier saga.