Topic > Prosecution based on grievous bodily harm

There will be two legal proceedings instead of just one, even if it was a single crime. The first act you committed that falls under the criminal section is punching Jason in the face, causing him to fall and fracture his skull. This happened after you found out that your girlfriend was having an affair with him. This offense will be the criminal charge of grievous bodily harm and it is an offense to cause harm to someone else. Since you caused Ashley to receive serious medical treatment, this will be classified as grievous bodily harm. You may be prosecuted under Section 18 of the Offenses against the Person Act 1861. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay It is also a civil matter as Jason has the right not to be harmed in any way by any other person. Therefore, the same event will constitute a civil tort of Battery as there were: Intentionally touching or forcing another person's body in a harmful or offensive manner and without the victim's consent. First, I will Let's start with the criminal part of the trial. All cases will begin in the Magistrates Court. The seriousness of your crime will mean that you will be tried in the Crown Court. This is where "indictable" offenses will be examined. The prosecutable crimes are the more complicated and much more serious ones. The seriousness of the crime can lead to long-term imprisonment. In the Crown Court there are multiple classes of severity. Class 1, Class 2 and Class 3. Serious bodily injury falls into class three which is judged by a circuit judge or recorder. A jury will also hear your trail and decide whether you are guilty or not guilty. Depending on what the jury says, if they find you guilty, they will decide what sentence is appropriate. If you are found guilty of GBH under Section 18 of the Offenses against Persons Act 1861 the sentence will be life imprisonment, however normally the courts give 3 to 16 years depending on the circumstances or any aggravating factors. If you are found guilty before the judge can decide on sentencing, they will look at factors called aggravating factors and mitigating factors. Prosecutors can cite many aggravating factors. Aggravating factors are factors that could lengthen the sentence. These may include repeat offenders; vulnerability of the victim; the crime was racially or religiously aggravated and many more. Mitigating factors are anything that could weaken your conviction, including genuine remorse, lack of criminal record, past circumstances, or mental or physical illness. The aggravating factor in your case is the fact that you caused physical harm to Ashley for which she had to receive medical treatment. This means the judge could lengthen your sentence, however the mitigating factor is that this is your first and only crime, so you are not known for doing anything that serious. You were also provoked by Jason as you both discussed his girlfriend. This could cause your sentence to only last a couple of years. Secondly, the civil trial for your Battery case can be brought by Jason proving that you caused him a loss or injury due to your negligence. Once Jason has filled out the correct details and handed them over to the court, you will be sent a sealed copy of the documents containing any court proceedings that will be issued. Civil cases are mainly dealt with in the county courts, however my colleagues in the litigation department told me that Jason's claim amounts to £25,000, this means that Jason's case would be assigned to the ward.