S.18 GBH: Lesser charges accepted following representations

Our client was initially charged with s18 GBH (causing grievous bodily harm with intent), affray and dangerous driving in relation to a singular road-rage incident.

Our client pleaded guilty to the count of affray and dangerous driving. Our client pleaded not guilty to the s18 GBH and the matter was listed for trial.

After reviewing the evidence, a letter of representations was written in relation to the s18 GBH matter. It was submitted that there was no realistic prospect of conviction nor was it in the public interest to prosecute our client for this matter when other, lesser charges, could be considered.

Our representations addressed plain inconsistencies in the Crown’s case. The complainant denied his part in the assault, which included initiating the confrontation and intentionally causing damage to our client’s vehicle. These acts were captured on CCTV footage, and would plainly impact the prospects of a conviction in this case.

It was also submitted that injuries sustained to a person can be categorised as either assault occasioning actual bodily harm (ABH) or GBH. The difference being a charge of GBH reflects the sustained nature of the assault and the use of a weapon rather than the injury itself.

In this matter, who caused the injury, the intention, and the use of a weapon were disputed. This was alongside the fact that the defendant’s involvement in the altercation was limited and there appeared to be no suggestion of a planned attack. We also relied on the significant delay in prosecuting this matter, which affects all parties to the proceedings negatively.

Ultimately, the Crown our submissions were successful and our client a lesser plea of inflicting actual bodily harm was accepted.

After compiling a thorough mitigation package our client received a sentence of 21 months imprisonment suspended 18 months, where the starting point for GBH alone could have been between 7 and 12 years immediate imprisonment after trial. Our client was extremely pleased to remain in the community with his family.

Phoebe Coleman was the solicitor of conduct of this case.