Offences of Violence and Assault
Rhys is regularly instructed to represent those charged withe the most serious of offences. He has the knowledge and expertise to provide meaningful assistance at every stage.
These offences require the early understanding of a client’s defence and their account as well as the gathering of evidence through CCTV and site visits to ensure that a case is properly presented and understood.
Section 18/20 Grievous Bodily Harm
The meaning of Grievous Bodily Harm means "really serious harm", there is an alternative charge of wounding which is a perforation of the skin. The Prosecution must prove that really serious harm was caused.
In order to be guilty of the more serious offence of Section 18 GBH, the Prosecution must prove the following:
- That really serious harm was caused;
- The harm was caused unlawfully (i.e. not in self-defence);
- That the Defendant intended to cause really serious harm.
If there is insufficient evidence of intent, then the Defendant will be charged with Section 20 GBH which is a less serious offence.
Self Defence
Self-defence is also a common law defence. This is a two-stage test:
- Was the use of force necessary in the circumstances?
- Was the level of force used reasonable?
The above questions must be considered on the facts that the Defendant believed them to be.
Once some evidence of self-defence is raised, it is for the Prosecution to make a jury sure that the Defendant was not acting in reasonable self-defence.
Section 47 - ABH
This offence can be committed intentionally or recklessly. The following are required:
- Actual bodily harm is caused (this is more than transient or trifling);
- It is caused unlawfully;
- That there was an assault.
Battery and Common Assault
An assault is the intentional or reckless application of force to another. There is another offence of common assault, this is where whilst there is not an actual application of force, there is an intention to use unlawful violence towards another.
Rhys regularly deals with trials involving self-defence and factual denial, he is able to expertly advise on issues such as the previous convictions of prosecution witnesses. Rhys is tenacious in seeking to exclude pieces of evidence so that the prosecution cannot rely on them.
