All posts by Andrew Wesley/h3>

In legal shorthand we often refer to section 18 or 20 offences.  These refer to specific offences under the Offences Against the Person Act 1861.  They are offences that involve allegations of serious violence causing either Grievous Bodily Harm or Wounding.

What is the difference between section 18 and section 20?

The most serious form of assault, short of attempt murder, is an offence under Section 18 Offences Against the Person Act 1861.  This involves the causing of either Grievous Bodily Harm (GBH) or Wounding intending to cause such a serious injury.

An offence involving intent under section 18 carries a maximum sentence of life imprisonment.  The same offence committed without intent under section 20 has a maximum sentence of only five years.

As a result, the offence can be committed in different ways:

• wounding with intent
• causing GBH with intent
• wounding without intent
• causing GBH without intent

‘Unlawfully and Maliciously’

For an offence to be committed unlawfully and maliciously it means that there is no defence such as self-defence, force used for preventing crime or the defence of property or another.

There are also some other technical differences between the two offences.

What is Grievous Bodily Harm?

 GBH or grievous bodily harm is really serious bodily harm.  It will include include broken limbs for example but can also include psychiatric injury.

What is wounding?

Wounding is where the skin is broken, either internally or externally.

Section 18 – the intent offence

 For the more serious offence intent to cause serious injury or wounding is required.

A jury needs to be satisfied that the offender intended to cause the harm.  They will do so by considering all of the relevant circumstances, including what the offender did and what he said about it.

What about weapons?

 The use of a weapon will make any offence more serious. Weapons include knives and bottles, or throwing acid.  Where feet are used to kick somebody they are treated as a weapon.  Biting will also be an aggravating feature in any case.

Section 20, the offence without intent

In such a case it is accepted that there was no intention to cause the injury.  For example this might be the case involving a single punch that causes a person to fall backwards leading to a serious injury or wound.

A jury will be helped to decided on this issue by looking at  evidence of the manner in which the assault was carried out or your behaviour at the time and afterwards.

What sentence will I get?

 For an offence committed with intent it is almost inevitable that a term of imprisonment will be imposed. The guidelines range from 3 years for a less serious offence through to 16 years for the more serious offences.

Examples of sentences imposed are:

• nine years when a bottle was used to strike the face requiring thirty stitches
• nine years also imposed for causing a fractured arm with a baseball bat, knocking down and driving over a police officer, kicks to the head on the floor causing extensive facial fractures.

For offences under section 20 the maximum sentence is 5 years, so a non-custodial sentence is more likely. The guidelines range from a community order to 4 years imprisonment.

Instruct an expert criminal law solicitor to represent you

The difference in sentencing for the absence of intent means that this issue has to be considered carefully in the context of all of the evidence.

We can advise you whether intent and other offence elements can be proven, and the prospects, if appropriate, of a plea to the lesser offence being acceptable to the prosecution and the court.

The law is complicated and the potential consequences of a prosecution severe.

As a result, if you are arrested or know that the police wish to speak to you about an offence relating to grievous bodily harm or wounding then make sure you insist on your right to free and independent legal advice.

The advantages of such early legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

 You can find your nearest office here.

Alternatively you can use the contact form below:

All posts by Andrew Wesley/h3>

Chesterfield Crime Solicitor Kevin Tomlinson has a wealth of experience defending motoring law offences.  He is known for his calm and unflappable approach which places clients at ease in what is often an alien environment for them.  These qualities are demonstrated by this particular case.

 

Kevin was instructed by a client who was accused of drink driving.  She had provided a specimen of breath showing that she was nearly three times the legal drink drive limit.

Investigation of a procedural irregularity

Our client was prepared to plead guilty to the offence and was seeking advice as to the likely penalty she would receive.  Kevin, however, sought his client’s instructions on the full circumstances of the offending and began to check the evidence that the prosecution had.

While there was no doubt that Kevin’s client had drunk alcohol before driving, the level has to be above the legal limit to drive. in order to convict her of the offence, therefore, the prosecution had to show that the evidence of the breath specimen was reliable.

If you are investigated for drink driving and provide a sample of breath at the police station you will be given a print out of the reading provided by the machine.

In this case, the printout provided to our client showed that there had been an error. The layout of the paperwork appeared to be wrong.  Kevin could not be sure that the breath test had been performed correctly.

At court Kevin spoke with the prosecutor to see if they had the same documentation as his client.   The prosecutor did not.  Their copy of the printout was correct.  It appeared, for whatever reason, that our client’s version had been incorrectly printed.

Kevin then took the time to speak with his client again.  It seemed clear that the machine had been working properly, bearing in mind his client’s instructions about how much she had had to drink and the prosecution copy of the printout.  Further, the decision that she made on plea would be important as the starting point on sentence in her case was a twelve week custodial sentence due to the level of the reading.

Would she choose to try and take advantage of a potential loop hole and risk loss of mitigation and prison if she was found guilty?

Suspended sentence followed a guilty plea

Having taken further instructions, it was clear that our client wanted to plead guilty and not try to challenge the reliability of the machine.

Following her plea, Kevin was able to advance substantial personal mitigation on her behalf which is always more compelling if it follows a guilty plea.  Kevin’s calm and measured approach persuaded the Magistrates that any sentence of imprisonment could be suspended.  In addition to the suspended sentence she also receive the inevitable driving ban.

She was extremely relieved and pleased with the outcome.

You can read more about the importance of an early guilty plea and and an expression of remorse here.

Contact an expert motoring law solicitor

Kevin Tomlinson is based at our Chesterfield office, but is able to provide nationwide advice and representation.  If you wish to instruct Kevin then his contact details can be found here.

We will always advise you as to your entitlement to criminal legal aid to ensure your free representation in the Magistrates’ Court.

You can read more about that here.

Alternatively, if one of our other offices is more convenient then you can find these contact details here.

You can also use the contact form below:

All posts by Andrew Wesley/h3>

A recent case involving activation of a suspended sentence nearly brought Chesterfield crime solicitor Denney Lau to tears.  Despite having been qualified for 11 years and having represented any number of clients with many different circumstances before the court, this case was still able to cause distress.

Denney’ s client was appearing before the court in relation to breach of a suspended sentence order.  The starting point for breaching such an order is that the suspended sentence term must be activated.  It is possible to avoid this if the court can be satisfied that it would be unjust to do so in all of the circumstances.  As a result, Denney’s client was very much at risk of a custodial sentence.

The breach information set out that although our client’s initial compliance had been good, after several months he had simply stopped attending the appointments.  No explanation had been given.  On the face of it, our client was guilty of a complete disregard of a court order and there was unlikely to be any argument to avoid a prison sentence.

However, upon further investigation, this view of the case could not be further from the truth.

Compelling personal circumstances to avoid activation of a suspended sentence

During private consultation Denney was able to learn the full circumstances of his client’s failure to keep to the terms of the order.  His client had lost touch with the probation service following difficulties in his partner’s pregnancy.

During a routine scan, no heart beat had been detected.  Attempts were made to induce the birth.  Further complications arose and his partner had to undergo emergency surgery.

Although the baby was born, within two months our client was attending the funeral of his child.  He struggled to cope with these life changing events and had made several attempts to take his own life.

He had sought medical help and mistakenly believed that all of the professionals involved with his family would have liaised with each other so that compliance under the probation order had been suspended.  Unfortunately, the order does not work like that and it had continued.

Denney had to advise his client that despite his personal circumstances he was in breach of the suspended sentence order,  Had he spoken with the probation service they may have been understanding of his circumstances, but he had not.

It appeared, however, that the information from the client provided compelling reasons for the court to permit the order to continue.  The court agreed, having heard the mitigation, that it would be unjust to activate the suspended sentence.

The importance of instructing a criminal solicitor

This case illustrates the importance of instructing an expert criminal defence solicitor, whether you face activation of a suspended sentence or any other criminal offence.

Denney and his colleagues are used to hearing about people’s lives in great detail, whether that is by way of a police allegation or as part of a defence or mitigation.  As a result, we are experts at gathering relevant information and will have heard very similar cases many times over the years.  The horrific ordeal suffered by our client in this case still has the power to shock.

We were able to represent this client under the legal aid scheme.  This means that our representation before the Magistrates’ Court was free of charge to him.  This means that he was spared the ordeal of explaining deeply personal information to both the probation service and Magistrates.

You can read more about legal aid here.

You can contact your nearest office for an appointment to discuss your case.  Our contact details can be found here.

Alternatively you can use the contact form below:

All posts by Andrew Wesley/h3>

Fireworks and the Law

As Bonfire Night approaches families will be looking forward to enjoying the displays.  These might be in the garden or an organised display.  While the night sky is brought alive by the vibrant explosions of noise and colour there remains. lurking in the background, a risk that failing to deal with fireworks safely and responsibly could bring an individual to the attention of the police and the courts.  The issue of fireworks and the law can be complex, with regulations changing regularly.

It will be important that retailers who are thinking of supplying fireworks for the first time consider their obligations relating to fireworks and the law.  They will need to ensure that they are sufficiently familiar with the complex rules that regulate the sale and possession of fireworks.

Contravention of the rules can result in substantial fines being imposed, or even a prison sentence.

One of our crime and regulatory experts Martin Hadley explains the law.

Classes of firework

There are four general classifications for fireworks:

• Class 1 – Indoor fireworks
• Class 2 – Garden fireworks
• Class 3 – Display fireworks
• Class 4 – Professional fireworks

Certain fireworks are banned entirely, such as mini-rockets, bangers, firecrackers, ‘jumping fireworks’ and air bombs.

There are also fireworks referred to as ‘adult fireworks’, which are subject to a local authority licensing regime.

Importation of Fireworks

It is a criminal offence to import fireworks unless notice of the fact is given to HM Customs and Excise, and details of the importer’s name and address where fireworks will be kept.

Given the sizeable market in illegal and unsafe imported fireworks, it is always wise only to purchase from established, recognised retailers.

Sale of Fireworks

Retailers must display specified signage warning that it is illegal to sell fireworks to those under 18 years.   This prohibition extends to sparklers.  Retailers should have robust training procedures in place to ensure that store staff know how to recognise under-age purchasers, and challenge as to age in appropriate cases.

There are licensing restrictions on the supply of adult fireworks.

You can only buy fireworks (including sparklers) from registered sellers for private use on these dates:

• 15 October to 10 November
• 26 to 31 December
• 3 days before Diwali and Chinese New Year

At other times you can only buy fireworks from licensed shops.

Possession of Fireworks

It is an offence for a person under 18 years to possess most fireworks in a public place. There are limited exceptions for those employed in the business of firework displays and other relevant occupations.

The possession of category four fireworks is prohibited save for those employed in the business of firework displays and other relevant occupations.

Weight and time limits apply to how much of each type you can store at home before you need to register your storage or apply for a licence.

If you are buying just selection boxes and sparklers from the supermarket, small quantities of fireworks in general or are buying your fireworks a day or two before you let them off, you do not normally need to worry about storage laws as they would not apply.

Night-time Restrictions

With certain exceptions for particular notable days of the year, the use of adult fireworks is not permitted during the hours of 11 pm – 7 am.

Again, there are specific exemptions:

• November 5th – You can let fireworks off until midnight.
• New Year’s Eve – You can let fireworks off until 1am.
• Diwali – You can let fireworks off until 1am.
• Chinese New Year – You can let fireworks off until 1am

Noise Levels

Category 3 fireworks are restricted to a sound impulse sound pressure level of 120 decibels. It is an offence to supply any firework that contravenes this restriction.

Public Order, arson, violent and Other Offences

Fireworks are dangerous incendiary devices and in the wrong hands can cause serious injury to persons, animals and property. Many of these offences carry substantial criminal penalties.

Transporting fireworks

Fireworks are explosives and cannot be sent through the post. This also applies to sparklers. Fireworks can only be shipped using an explosives courier and must be clearly marked as such.

Contact a criminal law specialist

Bonfire Night is a time for fun but can land the unwary in hot water with the police.

A person can be fined up to £5,000 and imprisoned for up to 6 months for selling or using fireworks illegally. You could also get an on-the-spot fine of £90.

Separate offences can be convicted if fireworks are used to cause a nuisance.

We can advise on any aspect of criminal law including fireworks and the law, so if in doubt contact your nearest office to speak to a criminal solicitor.  If you are a business under investigation for contravening the relevant regulations then please contact crime and regulatory solicitor Martin Hadley.

Alternatively you can use the contact form below.

All posts by Andrew Wesley/h3>

Chesterfield crime solicitor Denney Lau has been successful in securing his place in the 2019 London marathon.

His chosen cause is the Papworth Hospital Charity. This organisation sets out its aims thus:

“As a charity, our purpose is to enhance patient experience which in turn reflects the ethos of Royal Papworth Hospital and its staff, who work tirelessly to give patients the best quality of care. To ensure this standard of care continues to be offered, the Charity looks to not only support current services and care for patients but also proactively look to the future and support innovations that will help to tackle the growing prevalence of cardiothoracic diseases and conditions, thus in turn helping the local and in some cases national healthcare economy.”

Denney’s aim is to raise enough money for a pace maker that will make a real difference to the life of the recipient.

Personal motivation for taking on the challenge

Denney will be taking his position at the start of the 2019 London Marathon in memory of his father Tom Lau who passed away 10 years ago.

His father had suffered a major heart attack and was rushed to his local hospital before being rushed to the Papworth specialist hospital.

The hospital never gave up on the treatment of Denney’s dad and was able to prolong his life by fitting a secondary external artificial heart and was able to spend the following months at home with family.

Denney says that as a result of this treatment:

“I was able to make many happy memories with my father, including introducing him to my now wife, attending our engagement party and he saw me qualify as a solicitor, and in our new home.”

Unfortunately, the family knew without a transplant his dad was on borrowed time, and his heart eventually gave out a year later.

At the time of his father’s death, Denney is the first to admit that he himself was overweight and unfit.  He has been able to turn his grief into a positive motivation to become fit and start running.  This London Marathon will be the culmination of that program.

Running the 2019 London Marathon

Denney says this about his motivation to raise money while running the 2019 London Marathon:

“I really hope that we can raise enough together to literally save one person’s life, or even to extend someone’s life even for a short period so happy memories can be made.”

You can find the link to Denney’s Just Giving page here. Please give generously to a great cause.