What injuries are classed as GBH?

Grievous bodily harm (GBH) is one of the most serious criminal offences you can be charged with. This is due to the fact that injuries caused by GBH are especially severe and can often be life-changing for victims.

Given that the penalties for GBH are so serious, it is important to understand what a GBH injury is and what factors could determine whether an offence is considered GBH.

In this post, we discuss what GBH is, the sorts of injuries that can be classed as GBH and what could influence the penalty you receive if convicted of GBH.

What is GBH?

GBH is the most serious type of non-fatal physical assault, with the exception of attempted murder. It is described as being ‘really serious’ bodily harm that could be caused with or without intent.

Causing GBH with intent, wounding with intent and wounding with intent to cause GBH are offences listed under Section 18 of the Offences Against the Person Act 1861.

Causing GBH or wounding where intent cannot be proven is listed under Section 20 of the Offences Against the Person Act.

Attempting to cause GBH is also considered to be a criminal offence for which you can be charged.

How does GBH with intent differ from GBH without intent?

GBH with intent (Section 18 offence) is more serious and carries heavier penalties than GBH where intent cannot be shown (Section 20 offence). For GBH with intent to apply, it must be demonstrated that the offender deliberately caused a severe injury.

To demonstrate the presence of intent, there needs to be evidence of for example planning, the use of an offensive weapon, repeated assault and/or excessive force.

How does GBH differ from ABH?

Actual bodily harm (ABH) is a separate offence to GBH. Both the actions that constitute ABH and the relevant penalties are different.

ABH is assault that causes harm to a person’s body, with injuries being more serious than the offence of battery, but less serious than GBH.

ABH typically applies where someone is guilty of using ‘unlawful force’ as opposed to intending to cause direct injury. A simple example of ABH would be if you push someone and they fall and hit their head. The intention here would be to use unlawful force, not to cause the head injury.

Can punching someone be considered GBH?

Yes, punching someone could be considered GBH, depending on the type of injuries a victim sustains. A GBH injury example that can be caused by punching someone would include facial disfigurement.

What counts as facial disfigurement?

Facial disfigurement refers to any distortion, malformation or abnormality of facial features due to an injury. Examples of facial disfigurement that can be caused by GBH include:

• Breaking someone’s nose
• Knocking someone’s teeth out
• Breaking someone’s jaw
• Damaging someone’s eye/eyesight

Is attacking someone with a weapon GBH?

Attacking someone with a weapon is likely to constitute GBH as using a weapon could demonstrate intent, depending on the type of weapon and the way it is used to cause an injury.

Blunt force injuries

There are a wide variety of weapons which could be used to cause blunt force damage, such as a baseball bat, a cricket bat, or a hammer. Someone may use a blunt force weapon when acting in self-defence, which could influence the outcome of a GBH case.

Stabbing injuries

Stabbing or puncturing weapons such as knives can be used to cause GBH. Wounding (where the skin is broken internally or externally) is also referenced in the definition of the offence.

Do broken bones count as GBH?

Broken bones could count as examples of GBH injuries, but this will depend on the damage caused and what sort of bone was broken in the incident.

Breaks that cause permanent damage

Breaks that cause permanent damage are typical GBH injury examples. This could involve breaking someone’s leg, arm or ribs.

Minor fractures

Minor fractures, such as finger fractures, may not be sufficient for an offence to amount to GBH. These injuries could result in a charge of battery or possibly ABH being brought (forward), but this will be context dependent.

Can psychiatric injuries count as GBH?

Yes, psychiatric injuries can count as GBH. If the assault has a permanent impact on someone’s health, this might be considered GBH. Examples of psychiatric injuries include clinical depression and PTSD.

Who decides whether an injury amounts to GBH?

The final decision as to whether an injury amounts to GBH will be down to the court presiding over a case. There may be a certain level of subjective decision making where a case is borderline, which is why receiving expert legal advice and support can prove so crucial.

What sentences can you receive for GBH?

Causing grievous bodily harm with intent to do grievous bodily harm and wounding with intent to do GBH carry a standard sentencing range of 2–16 years’ custody with a maximum possible sentence of life imprisonment for the most serious offences.

Causing GBH where intent cannot be proven has a sentence range of a community order through to four to six months’ custody. The maximum sentence you could face for causing GBH without intent would be five years’ imprisonment.

If the offence is a racially or religiously aggravated one under s.20 the maximum sentence is 7 years custody.

What influences a GBH sentence?

The sentence that is handed out for GBH will depend on two factors: the perceived culpability of an offender and the harm caused.

Culpability is divided into three categories:

• A – High culpability
• B – Medium culpability
• C – Lesser culpability

The higher the perceived culpability for an offence, the more serious the penalty upon conviction will be.

Harm is also split into three categories:

• Category 1
• Category 2
• Category 3

Category 1 harm is the most serious and Category 3 harm is the least serious.

More information regarding sentencing guidelines for GBH can be found at the Sentencing Council website.

How does self-defence affect GBH charges?

If you inflict injuries on someone else in an act of self-defence, or when defending someone else from an attack, this may not amount to GBH. The law states that someone is permitted to use ‘reasonable force’ to defend themselves from another person.

So, the question will centre on whether the injuries caused will amount to ‘reasonable force’, or whether they extend beyond this.

Should I contact a solicitor if I’m accused of GBH?

If you are accused of inflicting injuries on someone else and are facing a charge of GBH, the potential consequences can be severe. Even if this your first offence, a prison sentence is a distinct possibility, which is why seeking expert criminal law support is incredibly important.

If you have been arrested on suspicion of causing GBH and are interviewed by the police, seeking the advice of an expert criminal defence solicitor at the earliest opportunity can make all the difference.

If you are accused of GBH, you will need to have a detailed understanding of your legal position, what your case involves, your legal rights and what actions could undermine your criminal defence.

We understand that many people are hesitant to speak to a criminal law solicitor, even when accused of an offence as serious as GBH. This is often because they incorrectly assume that speaking to a solicitor will signify guilt and have a negative impact on the sentencing outcome.

This is not accurate. Speaking to a solicitor when accused of GBH could make all the difference when it comes to avoiding charges, or reducing a sentence where conviction is unavoidable.

At JD Spicer Zeb, our criminal defence solicitors have substantial experience and expertise in defending individuals accused of GBH. We are well positioned to advise on the various defence strategies that can be used for both Section 18 GBH with intent cases and Section 20 GBH without intent cases.

Contact our criminal defence lawyers today

For a free initial consultation, urgent specialist advice, immediate representation, or to speak to us confidentially about allegations of GBH, please do not hesitate to get in touch with our team today.

You can contact our dedicated grievous bodily harm solicitors in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for GBH allegations

Please get in touch for a free initial consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice on dealing with allegations relating to GBH.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number 07836 577 556.