Community Order received for s20 GBH after s18 GBH ordered to lie on file

Our client was a man of good character charged with causing grievous bodily harm with intent contrary to s18. The incident involved him hitting another male with a bottle and a subsequent scuffle in which he was alleged to have stabbed the complainant with the neck of the bottle that smashed after the initial blow.

The incident took place on the street and was captured in its entirety on CCTV footage. The complainant was also captured on CCTV footage going into a shop with severe injuries and then on ring doorbell footage as he sought help following the incident. Finally, body-worn footage from the officers attending the scene and applying first aid were also served.

Our client was unrepresented in interview and made some admissions. Ahead of our client’s first hearing in the Crown Court, we offered the Crown a guilty plea to the lesser offence of causing grievous bodily harm contrary to s20. The Crown accepted this plea.

We drafted a basis of plea which set out our client’s account that a verbal argument had started earlier inside the property, during which the complainant had produced a knife and threatened to stab him. The basis of plea explained that in the altercation outside on the street, our client armed himself and used the bottle believing the complainant still had the knife. It also denied stabbing him with the broken bottle, stating the bottle was dropped after the first blow. After some consideration, the Crown accepted our basis of plea.

Ahead of sentence, we had our client psychologically assessed. The report formed key mitigation in his case, along with other documentation including a character reference, letter of remorse and records of engagement with drug and alcohol services. After consideration of all the documentation put forward, our client’s good character, early admissions, and efforts to better himself, the Judge sentenced our client to an 18-month community order with 20 RAR days and a £250 fine.

Our client and his family were extremely pleased given the extreme likelihood of a custodial sentence at the outset of the case, when he faced a starting point of 7 years imprisonment.

Phoebe Coleman was the solicitor with conduct of this case. Laura Stockdale of Doughty Street Chambers was instructed Counsel.