The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
Wounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment.
Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully and maliciously:
wounded with intent to do GBH, or
caused GBH with intent to do so, or
wounded with intent to resist or prevent the lawful arrest or detention of any person, or
caused GBH with intent to resist or prevent the lawful arrest or detention of any person
The wounding or causing of GBH must be unlawful.
Wounding or causing GBH may be lawful if used:
in defence of another
in defence of property
for the prevention of crime
where the victim gave express or implied consent
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.
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