by aldric13 » Tue Dec 20, 2011 6:48 pm
Causing grievous bodily harm with intent to do grievous bodily harm/Wounding with intent to do
grievous bodily harm
Offences against the Person Act 1861 (section 18)
Category 1 Greater harm (serious injury must normally be present) and higher culpability
This is a serious offence for the purposes of sections 225 and 227
of the Criminal Justice Act 2003
Maximum: Life imprisonment
Offence range: 3–16 years’ imprisonment
Factors indicating greater harm
Injury which is serious in the context of the offence (must
normally be present)
Victim is particularly vulnerable because of personal
circumstances
Sustained or repeated assault on the same victim
Factors indicating higher culpability
Statutory aggravating factors:
Offence racially or religiously aggravated
Offence motivated by, or demonstrating, hostility to the
victim based on his or her sexual orientation (or presumed
sexual orientation)
Offence motivated by, or demonstrating, hostility to the victim
based on the victim’s disability (or presumed disability)
Other aggravating factors:
Degree of premeditation
Use of weapon or weapon equivalent (for example, shod
foot, headbutting, use of acid, use of animal)
Intention to commit more serious harm than actually
resulted from the offence
Deliberately causes more harm than is necessary for
commission of offence
Deliberate targeting of vulnerable victim
Offender operating in group or gang
Category 1 - Starting point: 12 years’ custody Category range: 9–16 years’ custody
The factors in the table below comprise additional factual elements providing the context of the offence.
They also include factors relating to the offender. The court should identify whether any combination of these factors should result in a sentence that is lower or higher than the starting point. In some cases, having considered these factors, it may be appropriate for a court to move outside the identified category range.
Factors increasing seriousness
Statutory aggravating factors:
Previous convictions, having regard 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
Offence committed whilst on bail
Other aggravating factors include:
Location of the offence
Timing of the offence
Ongoing effect upon the victim
Offence committed against those working in the public
sector or providing a service to the public
Presence of others including relatives, especially children or
partner of the victim
Commission of offence whilst under the influence of alcohol
or drugs
Abuse of power and/or position of trust
Exploiting contact arrangements with a child to commit an
offence
Any steps taken to prevent the victim reporting an incident
or obtaining assistance
Additional degradation of victim Serious medical conditions requiring urgent, intensive or long-term treatment
In domestic violence cases, victim forced to leave their home Isolated incident
Failure to comply with previous court orders
Offence committed whilst on licence Lapse of time since the offence where this is not the fault of the offender
An attempt to conceal or dispose of evidence
Failure to respond to warnings or concerns expressed by others about the offender’s behaviour
The guy may be looking at 16 years.