Suspended Sentence S20 GBH Birmingham Crown Court 2023
Our client was charged with S20 GBH having attacked a fellow university student by repeatedly punching him in a bar after consuming alcohol. The victim sustained a broken jaw that required operating under general anaesthetic and ongoing medical care.
We advised our client on credit for an early guilty plea. We advised our client on self-defence and proportionality. For self-defence to succeed as a defence it must be reasonable and proportionate used. The prosecution served CCTV which wholly undermined the defence case of self-defence. After mitigating on our clients behalf on the basis that he used excessive force and submitting the fact that he was of good character and referred to several character references he received 15 months suspended for 2 years
The starting point for this offence based on the sentencing guidelines given the serious unprovoked injury was -
2 years immediate custody.
Self-defence
What is ‘reasonable force’ in self-defence?
There are two key points:
Was the use of force necessary in the circumstances? (i.e. was there a need for any force at all?)
Was the force used reasonable in the circumstances?
We are experts at identifying genuine cases of self-defence following fights and altercations between individuals or groups with or without the use of weapons or legitimate items used as a weapon.
We advised our client to plead guilty early to benefit from a sentencing reduction.
In short, where a guilty plea is indicated at the first stage of proceedings, you can get a reduction of one third. Where a guilty plea is indicated after the first stage of proceedings, the maximum reduction is one quarter. If you plead guilty on the first day of trial, you are entitled to a reduction of one tenth.
Umar Zeb
James O'Donnell
Amer Ahmad
Barry Linnane
Dawhud Ullah
Danny Parkash
Sanjay Cholera
Stuart Lloyd