Wounding or causing grievous bodily harm with intent
Wounding or causing grievous bodily harm with intent

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Wounding or causing grievous bodily harm with intent
  • The offence of causing grievous bodily harm with intent
  • Elements of the offence
  • ‘Unlawfully’ and ‘maliciously’
  • Unlawfully
  • Maliciously
  • Wounding and grievous bodily harm
  • Wounding
  • Grievous bodily harm
  • Lawful arrest
  • More...

The offence of causing grievous bodily harm with intent

Wounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment.

Elements of the offence

Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully and maliciously:

  1. wounded with intent to do GBH, or

  2. caused GBH with intent to do so, or

  3. wounded with intent to resist or prevent the lawful arrest or detention of any person, or

  4. caused GBH with intent to resist or prevent the lawful arrest or detention of any person

‘Unlawfully’ and ‘maliciously’

Unlawfully

The wounding or causing of GBH must be unlawful.

Wounding or causing GBH may be lawful if used:

  1. in self-defence

  2. in defence of another

  3. in defence of property

  4. for the prevention of crime

  5. where the victim gave express or implied consent

Maliciously

If the accused is charged with maliciously causing GBH with intent to resist or prevent the lawful arrest of any person, the prosecution must prove, in addition to intention, that the accused acted maliciously. 'Maliciously' has the same meaning as it does for an offence contrary to OATPA 1861, s 20, ie the accused intended to do some kind of harm to another (however slight) or was reckless as to whether such harm should occur.

See Practice Note: Unlawful wounding or inflicting, grievous bodily

Popular documents