-
Essay / Prosecutions based on grievous bodily harm
There will be two legal proceedings rather than one, even if it was a single offence. The first act you committed that falls under the criminal section was punching Jason in the face, knocking him down and fracturing his skull. This is after you found out your girlfriend was having an affair with him. This offense will be the criminal charge of grievous bodily harm. It is a criminal offense to cause harm to another person. Since you caused Ashley to receive serious medical attention, this will be considered serious bodily injury. 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 Should Not Be Banned”? Get the original essay This is also a civil matter, because Jason has the right not to be harmed in any way by another person. Therefore, the same event will constitute a tort of battery to the extent that the following elements were present: Intentionally touching or forcing the body of another person in a harmful or offensive manner, and without the consent of the victim. First, I'll start with the criminal side of the process. All cases will begin in the trial court. The seriousness of your offense will mean that you will then be tried at the Crown Court. This is where criminal acts will be heard. Criminal acts are those that are the most complex and serious. The seriousness of the offense can result in a long prison sentence. At the Crown Court, there are several severity classes. Class 1, Class 2 and Class 3. Serious personal injury falls under class three which is judged by a circuit judge or recorder. A jury will also hear your testimony 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 convicted of GBH under section 18 of the Offenses Against the Person Act 1861 the sentence would be life imprisonment but normally the courts give 3 to 16 years depending on the circumstances or circumstances aggravating. If you are found guilty before the judge can decide what sentence to give you, he or she will consider factors called aggravating factors and mitigating factors. Prosecutors can invoke numerous aggravating circumstances. Aggravating factors are factors that could increase your sentence. These may be recurrences; vulnerability of the victim; the offense was racially or religiously aggravated and many others. Mitigating factors are something that could lessen your sentence, including genuine remorse, lack of criminal history, past circumstances, or mental or physical illness. The aggravating factors in your case are that you caused Ashley physical harm for which he required medical treatment. This means the judge can extend your sentence, but the mitigating factor at play is that this is your first and only offense, so you are not known for doing something this serious. You were also provoked by Jason when the two of you were arguing about his girlfriend. This could result in a sentence of just a few years. Second, the civil process for your battery case can be started by Jason proving that you caused him loss or injury due to your negligence. Once Jason has filled out the correct information and submitted it to the court, you will receive a..