GBH, ABH and other Assaults
GBH (Grievous Bodily Harm) is a serious offence. Clients accused of GBH will often be refused bail, and can have their lives and those of their families turned upside down by the threat of a trial and the possibility of a long prison sentence.
ABH is an offence for which a prison sentence is also possible, but less likely to be given.
Common Assault rarely involves a prison sentence, but is still considered an offence of violence, and so a criminal conviction for it is to be avoided if possible.
Section 39 Assault – Common Assault or sometimes called assault by beating(even though no beating maybe involved).
This offence is committed when someone either applies unlawful force on another person (for example by hitting or slapping), or makes them afraid that immediate force will be used against them (for example by waving a hand or fist closely at another person). There need not be any marks or injury. Any injury or bruising would usually result in the charge being raised to one of ABH. A first offence usually means a fine or possibly a community penalty, but not usually prison, unless there are features which make the incident more serious, such as other offences, or any allegations of racist behaviour or motivation.
Section 47 Assault – Actual Bodily Harm (ABH)
This is assault resulting in harm such as scratches, bruises etc. The only intention required is to want to assault the victim, which means to exert unlawful force. So, for example, if a defendant has attempted to throw beer on another person, but the glass slips and hits the person, then even though there has been no intention to commit ABH, because the intention to throw beer on the victim is enough to make out the offence.
The maximum sentence for ABH is 5 years, and this offence can be dealt with in the Magistrates Court. In reality, defendants will rarely receive sentences anywhere near 5 years for this offence unless the attack, and defendants with no previous convictions will often not receive prison sentences.
GBH (Grievous Bodily Harm – Section 18 and Section 20 Assault).
To be convicted of this offence, the defendant must be proved to have committed really serious harm, or wounded another person (for example by stabbing with a knife). However, the damage must be intended. If the intention of the defendant was to only cause some pain or harm, but not “really serious harm”, then the offence committed is Section 20 Assault – a less serious version of GBH, also called “wounding without intent”. So a defendant who has kicked somebody else and broken their ribs, could be guilty of Section 20 Assault if they did not specifically want to cause that damage, but Section 18 Assault if they actually intended that damage.
Whether an offence is Section 18 or Section 20 is important when it comes to sentence. Section 20 Assault has a maximum sentence of 5 years imprisonment, and can even be dealt with in the Magistrates Court, although it is quite rare that the magistrates will prevent it from being transferred to the Crown Court. Section 18 Assault, on the other hand, can only ever be dealt with in the Crown Court, and can result in a maximum sentence of life imprisonment, although sentences of more than 10 years for Section 18 are rare.
Fraud Offences
"fraudster under arrest"
Cases of fraud, counterfeit goods and false documents can range from low scale fraud such as using a stolen credit card to large and organised, professional counterfeiting operations such as MTIC Carousel Fraud and large counterfeiting operations. These cases are often complex and require a great deal of expertise.
My brief solicitors are able to draw on forensic accountants who have given evidence on our clients’ behalf. These experts can provide reports which show an individual’s or business’s financial activity and liability.
Of course, we know that for businesses, the investigation of an offence can be more damaging than any sentence imposed.
The authorities impose freezing injunctions on accounts and stop a legitimate business from trading. There has been no trial at this point and a business is effectively shut down. In certain circumstances, freezing orders can be unfrozen and we can help get businesses back to work.
Since we also offer business advice, we can ensure you are given comprehensive advice. We can even help in a preventative way if you have doubts as to your business contacts.
What is Fraud ?
A fraud occurs whenever someone says or does something false to try and make himself a gain, or to cause another a loss. It must be done dishonestly.
A fraud can also be committed if someone fails to disclose information which they must in order to cause himself a gain or a loss to another. A separate offence exists when someone in a position of trust does this.
Possessing any article for use in a fraud is now an offence. An ‘article’ is anything real or electronic. This means that having credit cards in someone else’s name to try and buy things in a shop is an offence. Possessing specialist machinery such as credit card skimming devices is also illegal, as is the sale and purchase of these devices. Potentially, a laptop computer could be illegal too if used to try and remotely hack into someone’s wireless network and take their details. Identity fraud and credit card fraud are usually covered by this legislation.
Cheque Fraud
The most common cheque fraud occurs when someone buys goods with a stolen or fake cheque. Once the cheque has cleared the buyer obtains the goods, but when the fraud is discovered the money can be reclaimed from the seller. Typically high value items such as cars are bought in this way. The buyer may also write the cheque for a greater amount than the purchase price and ask for the surplus to be paid to him.
Insurance Fraud
Insurance fraud is common and can take many forms. It may involve claiming insurance for items that never existed or over claiming for items that did. It could also involve arranging to have an accident to claim on your insurance.
Pyramid Fraud
This is an investment fraud named after Charles Ponzi who used it to great effect in the 1920s. It involves offering very high returns to investors over a short period, for example 15% over 28 days. People invest some and then sure enough get their 15% after 28 days. These investors will put more money in and spread the word. The new investors’ money will be used to pay the older investors. The scheme will eventually collapse and the promoter will vanish with the investments.
Carousel Fraud
Businesses act as tax collectors for the government, saving up the VAT from sales they make and before paying it all to Customs and Excise. If a business buys goods from an EU member state, they pay no VAT on them, but will still charge VAT to their customers. When a business disappears and does not pay the VAT to Customs and Excise, this is called Missing Trader Intra Community (MTIC) Fraud, or “Carousel Fraud”.
Counterfeit goods
A counterfeit is any item made to imitate something else and sold to deceive the buyer into thinking it is a genuine article.
Counterfeiting currency is said to undermine the economy of the country and for this reason it is treated much more seriously by the courts.
Passports and IDs
There has been a growth in this area of the recent years.
Possessing, manufacturing and distributing false documents are very serious offences.
Possessing articles or equipment to produce false documents is an offence. Printers, scanners, laminators, computers, software and blank passports or IDs are all required to make false documents. It is usually a sophisticated operation involving multiple parties.
Mere possession of a false passport or ID document is an offence. Sometimes however people will come to the UK wanting to work legitimately and earn for their family, but get pushed into acquiring false papers in order to do so.
Producing passports on a large ‘professional’ scale can result in 8-10 years imprisonment. Being involved in such an operation but on a lower level, such as a courier or deliverer can result in a sentence of 4-5 years. For just possessing a false passport, even innocently for work purposes, the sentencing guidelines state 12-18 months in jail is appropriate.
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