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Grievous bodily harm (GBH) means the assault has caused serious physical harm. It does not have to be permanent or dangerous. For example, a broken bone would amount to GBH - in some cases a broken bone might lead to permanent disability but, in others, it might heal without leaving any long-term effects. GBH can also include psychiatric injury or someone passing on an infection, for example through sexual activity.
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Sentences are worked out by assessing harm and culpability.
Harm is an assessment of the damage caused to the victim by the assault. It considers how injured the victim was and whether the assault was sustained or repeated.
Culpability is a measure of how responsible the offender was in the assault. It considers whether the assault was premeditated or motivated by things like the victim's race, disability, sexual/gender identity.
Factors increasing the severity of the sentence may include:
• use of a weapon
• targeting a vulnerable victim
• the assault was committed under the influence of alcohol or drugs
• the assault involved an abuse of power or took advantage of a position of trust
Factors decreasing the severity of the sentence may include:
• the assault consisted only of a single blow
• the assault was an isolated incident
• the offender:
- has shown remorse
- is of good character
- has a serious medical condition
- lacks maturity, or has a mental disorder or learning disability
- is the sole or primary carer for dependent relatives
If the defendant pleads guilty, they will receive a reduced sentence.
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Offence Note/s :
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