For lawyers, State v. Pappas is helpful and clears the fog that was Washington’s definitions of injury levels. Pappas answers the question of when a sentencing court may impose a sentence beyond that proscribed by the very rigid Sentencing Guidelines. The discussion in Pappas clarifies how to measure an injury in a DUI vehicular assault case, which is called substantial bodily injury. To understand the measurement tool used we must discuss three levels of injury. Here’s a footnote from Pappas which discusses the three levels of injury.
Our legislature has defined three levels of bodily harm — in ascending order, they are ”bodily harm,” “substantial bodily harm,” and “great bodily harm.” RCW 9A.04.110(4)(a), (b), (c). ”Bodily harm” consists of “physical pain or injury, illness, or an impairment of physical condition.” RCW 9A.04.110(4)(a). “Substantial bodily harm,” required for conviction of vehicular assault, means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part. RCW 9A.04.110(4)(b); see also RCW 46.61.522(3). “Great bodily harm,” the highest level of bodily harm defined by our legislature, means bodily injury which creates a probability of death, or which causes significant serious permanent disfigurement, or which causes a significant permanent loss or impairment of the function of any bodily part or organ. RCW 9A.04.110(4)(c).
Prior to statutory amendments in 2005 the courts had used vague and confusing language to define when injuries exceed the substantial bodily injury definition and justified an exceptional sentence. Now the court will measure the minimum threshold of injury required against the injury that occurred. If the injury qualifies for the next level up in severity then the exceptional sentence is justified.
In Mr. Pappas’ case, the injury was severe brain trauma, which qualified for the highest level, great bodily harm. Only substantial bodily harm is required for the crime of vehicular assault. Therefore an exceptional sentence was justified.
Rule of Pappas - If injury exceed Substantial Bodily Injury and extends to the next level of injury, which is Great Bodily Injury, then an exceptional sentence is justified and must be found by the jury.
State v. Nicholas Pappas, Washington Court of Appeals, Division I, No. 65348-2, November 21, 2011