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background-color:#ffffff; Our Agreed Fees for Motoring Offence cases start from; Our Agreed Fees for Private Crime cases start from; An Excellent Service, Mr. Kang is a highly sought solicitor. As a whole, the new guidelines place greater emphasis on the impact on the Victim in determining the appropriate sentence. Whilst the Charging Standard provides guidance on a range of frequently experienced offences against the person, there are also other offences that may be relevant, including the following: Section 22 of the UK Borders Act 2007 makes it an offence to assault an immigration officer. If the allegation involves domestic abuse, there should be consideration of the Domestic Abuse legal guidance. The lowest category (Culpability C, Harm 3) also has a greater starting point range than the old Category 3 offence. 364, 53 Cr. Although all assaults are serious crimes and potentially life-changing ones for all parties, there are varying degrees of assault, according to UK law. border-color:#000000; Identifying weaknesses within the prosecution case; Establishing whether the prosecution can place our client at the scene during the alleged offence, Determining whether self defence is applicable, Evaluating the strength of the prosecution evidence, Assessing the credibility of prosecution witnesses. font-size:1pt; We offer our solicitors and barristers services nationwide on a private fee-paying basis. After he let go, he squeezed her neck again, so she was unable to speak. Failure to respond to warnings or concerns expressed by others about the offenders behaviour. The words "grievous bodily harm" bear their ordinary meaning of "really serious" harm: DPP v Smith [1960] 3 W.L.R. Clearly your friend is the victim in this but the children will have suffered as what you know will be 5-10% of what is actually going on. background-color:#ffffff; Whilst the statutory maximum for the offences has not changed, the sentencing range for ABH has been increased to 4 years custody and the sentencing range for GBH has been increased to 4 years 6 months custody. Evidence of the following factors may assist in proving the intention to kill: Prosecutors should consider the Child Abuse (non-sexual) legal guidance when considering offences of child abuse. An attempt to conceal or dispose of evidence. This moves the focus from the harm the Defendant intended to cause onto the harm actually suffered by the Victim. Monday 5th January 2015. R. (S.) 260. A decent amount of prison time one would hope. Injuries that would usually lead to a charge of common assault should be more appropriately charged as assault occasioning actual bodily harm under section 47 of the Offences against the Person Act 1861 (on which charge the defence of reasonable punishment is not available) unless the injury amounted to no more than temporary reddening of the skin and the injury is transient and trifling. The new harm considerations emphasise the level of harm suffered in GBH cases. For the best legal outcome possible, you should get in touch with a specialist ABH solicitor as soon as you can. Fax: +44 (0)1223 313007 Complete Guide on Assault Charges, Penalties and Defences It is not necessary to prove that the defendant either intended or foresaw that the unlawful act might cause physical harm of the gravity described in section 20. This offence is committed when a person intentionally or recklessly assaults another person, causing Actual Bodily Harm. A greater degree of provocation than normally expected has been removed from culpability and a significant degree of provocation has been added as a mitigating feature for GBH.