Offences against the person

Section 39 CJA 1988

Although previously governed by the Offences Against the Person Act 1861, the offences of common assault and battery have found a new statutory footing under section 39 of the Criminal Justice Act 1988. The former is committed when an individual intentionally or recklessly applies unlawful force to another person, whilst the latter merely requires another person to apprehend the imposition of such force. Notably, the threshold for unlawful force is extremely low and is inclusive of any physical contact. Thus, contact that is necessary for society to function constitutes an exception. Although distinct, both offences fall into the category of summary offences, meaning that they are heard in the Magistrates court and carry a maximum sentence of imprisonment not exceeding 6 months, a fine or both.

Section 47 OAPA 1861

Under section 47 OAPA 1861, the offence of ABH is committed when a person intentionally or recklessly assaults another, thereby causing actual bodily harm. In addition to the fact that the harm caused to the victim need not be serious or permanent, it need not be physical as recognised psychiatric injuries have proven to meet the requisite threshold.

Remarkably, the fact that ABH is situated in the middle of the hierarchy is a cause for concern. This is because as previously stated, the CPS consider a multitude of factors when selecting a charge, which results in overlapping offences and in turn, charging inconsistencies. This is particularly concerning if the lesser offence of common assault could be selected as notwithstanding the fact that ABH can be distinguished from section 20 GBH, both offences carry a maximum sentence of 5 years imprisonment. Consequently, people are subject to disproportionate sentences that do not equate to the gravity of their actions. Therefore, it is crucial to seek legal advice if charged with an offence against the person to ensure that justice is achieved for all parties.

GBH

The offence of GBH is committed when a person unlawfully wounds or inflicts grievous bodily harm upon another and it is split into two categories that can be distinguished based on the defendant’s state of mind. Thus, the CPS must carefully consider whether the defendant was reckless or intended to cause the specified level of harm when selecting the appropriate charge.

Section 20 OAPA 1861

Under section 20 of the OAPA 1861, the defendant must intend or foresee that the act may cause some harm. Arguably, the lack of correspondence between elements of the offence raises issues in relation to fair labelling as the defendant may be liable for much more serious harm than they intended or was reckless as to causing. Section 20 GBH is an either way offence, meaning that it can be heard in the magistrates or crown court and carries a maximum sentence of 5 years imprisonment.

Section 18 OAPA 1861

Under section 18 of the OAPA 1861, the defendant must intend to cause GBH or wounding. Evidence of intention to cause more serious harm may be drawn from multiple factors including but not limited to premeditation, use of a weapon or severity and duration of the attack. Section 18 GBH is an indictable only offence, meaning that it can only be heard in the crown court and carries a maximum sentence of life imprisonment.

Mitigating and aggravating factors

When determining the length of the sentence imposed for the above offences, the court will consider the presence of both mitigating and aggravating factors and whilst the former may result in a reduced sentence, the latter have the opposite effect. Mitigating factors are circumstances that indicate a lower degree of culpability and include but are not limited to if the defendant demonstrates genuine remorse, is provoked or has a history of mental illness. Opposingly, aggravating factors are circumstances that indicate a higher degree of culpability and include but are not limited to a history of offending or victim vulnerability. Thus, if you are charged with an offence against the person, then it is important to seek legal advice to ensure that if convicted, the sentence imposed is reflective of the wider context as opposed to an isolated incident.

At Stephensons, we have specialist criminal defence lawyers who can help navigate you through the often-complex legal system. We will explain the law to you in simple terms and apply the law to the circumstances of your case. Our expert team have been awarded Legal 500 tier one ranking, the highest, for its criminal defence work for the tenth consecutive year. If you are being investigated or have been charged with this offence please do not hesitate to contact the team on 0161 696 6188 or complete one of our online forms and someone from the team will get in touch with you.