Offences Against The Person

  • Offences:

    Offences against the person range in seriousness from common assault through to murder. They include charges of common assault, Assault occasioning bodily harm, wounding, torture, grievous bodily harm, acts intended to cause GBH, manslaughter and murder. There are also charges such as drink-spiking which have been added to the code. Other conduct such as stalking has been defined as an offence.

  • Penalties:

    The penalties imposed vary dependant upon the seriousness of the misconduct and the impact upon the complainant. In relation to some charges in this class there is also an option for an accused to be declared a Serious Violent Offender, which requires the person to serve 80% of the sentence imposed.
    In relation to a charge of stalking the Court can, either as part of any sentence or otherwise, restrain contact between the parties.

  • Defences:

    There are a number of defences that are available to many of the charges in this broad category, including, Self Defence, Defence of Dwelling, Defence of another and Provocation. In relation to some of the offences the prosecution must prove that the accused person intended to bring about the injuries, in other matters they only need to show that the accused was reckless. It is prudent to obtain advice in relation to relevant defences specific to the facts of your case.

  • Court:

    In many instances the offences at the lower end of the range are dealt with before a Magistrate, however in relation to more serious allegations the District and, in the case of Murder, the Supreme Court will finalise the charge.

  • Gatenby criminal lawyers:

    We regularly appear in relation to offences against the person. We can provide you with advice as to prospects of success at trial, defences available and likely sentencing range.

 

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