This document provides information about offences of grievous bodily harm (GBH) and GBH with intent under sections 20 and 18 of the Offences Against the Person Act 1861. It defines the actus reus and mens rea requirements for each offence, and explains that section 18 requires a specific intent to cause GBH or resist arrest, while section 20 only requires recklessness as to harm. Several cases are discussed that illustrate the level of injury required for GBH and how intent versus recklessness is assessed. Scenarios are presented to demonstrate how to determine the appropriate offence based on the injury caused and the defendant's state of mind.

1. GBH and GBH with intent

2.  Recap OAPA 1861 – s47
 Create model for answering scenario
questions
 State AR and MR for sections 20 and 18 of
OAPA
 Explain the difference
 Use cases to illustrate the difference
 Apply this knowledge to scenario questions

3.  http://www.ipswichstar.co.uk/news/witham
_clacton_man_found_guilty_of_gbh_sentence
d_for_10_years_1_1806119
 What was D charged with?
 Which court was the trial heard in?
 What sentence did he receive?

4. “Whosoever shall unlawfully and maliciously
wound or inflict any grievous bodily harm upon
any person, either with or without any weapon
or instrument, shall be guilty of an offence”
Triable either way
Max sentence = 5 years
Malicious wounding or GBH – depends on
injuries

5. ACTUS REUS
1. Unlawful
2. Wound
3. Grievous bodily harm
MENS REA
“maliciously” = intentionally or recklessly as to
some unlawful harm, or risk that such harm
might occur

6.  Without consent
 Tattooing / piercing – age restrictions plus
consent is vital
 Certain sports require a level of consent
 Boxers are allowed to punch each other – IN
THE BOXING RING, NOT IN THE PRESS
CONFERENCE!!

7.  A break in the surface of the skin
 Both layers
 Blood
JCC V Eisenhower (1984)
V was hit in the eye by an air pellet. Suffered
bruising and internal bleeding – but no break in
the skin so no wounding

9. Brown and Stratton (1998)
 “Really serious harm”
Father attacked son with a chair, causing
broken nose, three lost teeth and
concussion.
 Together, injuries =GBH

10.  Bollom (2003)
V’s age and health can be taken into account –
severe bruising can be GBH if V is very young
or frail and elderly
 Dica (2004)
Knowingly passing on a disease can be GBH

11.  Burstow 1997
 V suffered severe depression
 GBH

12.  “Maliciously”
 Common in older Acts
 Discussed in Cunningham (1957) and Savage
(1991)
 Maliciously means intentionally or recklessly
 Ms Savage did not intend to cause serious
injuries to Miss Beal, but she had been reckless
 In order to prove that D acted maliciously he
must have intended his act to result in some
unlawful harm, albeit minor, or was subjectively
reckless as to the risk that his act might result
in such harm

13.  Parmenter 1991 D throwing 3month old baby into
the air without realising he could injure it
 not GBH – no intent or recklessness as to injury
 ABH, injury slight

14. “Whosoever shall unlawfully and maliciously by
any means whatsoever wound or cause any
grievous bodily harm to any person,
with intent
to do some grievous bodily harm to any person,
or with intent to resist or prevent the lawful
apprehension or detainer of any person”

15.  Triable only on indictment
 Crown Court only
 Max sentence = life
ACTUS REUS
Wounding or GBH as set out in s20
MENS REA
Malicious (as above) but also a further specific
intent to do some grievous bodily harm to V or
to resist or prevent or arrest

16. D slashed V with a razor, causing severe
wounds to his face and chest
Court said that in order to establish the
offence under s18 it was essential to prove
the specific intent
Recklessness as to such harm occurring would
NOT be sufficient

17.  WPC arrested D, who tried to escape and
pulled her through a glass window. D must
realise there was a risk of injury and take the
risk

18. Offence Actus Reus Injury required Mens Rea
Assault Causing V to fear
immediate
unlawful force
None Intention or
recklessness as to
causing fear
Battery Application of
unlawful force
None Intention or
recklessness as to
applying force
S47 Assault
occasioning
actual bodily
harm
Actual harm – eg
bruising
Includes
psychiatric harm
Intention or
recklessness as to
putting V in fear
of unlawful force
or applying
unlawful force
S20 Wounding or
inflicting grievous
bodily harm
Wound – break in
the skin
Or really serious
bodily harm
Intention or
recklessness as to
some harm
S18 Wounding or
inflicting grievous
bodily harm
Wound or really
serious harm as
above
Specific intent to
wound or cause
grievous bodily
harm or resist

19.  In a football match Danny is kicked by Victor.
This causes bruising to Danny’s leg. Danny is
annoyed at this and punches Victor in the face
causing a cut to his lip
 Anish is walking along a canal bank, Kim, who is
in a hurry, pushes past him, knocking him into
the canal. Anish hits his head in the side and
suffers a fractured skull.
 Karl waves a knife at Emma, saying “I am going
to cut that silly smile off your face”. Emma is
very frightened and faints. She falls against
Nita, who is knocked to the ground and suffers
bruising.

20. Was V injured? No Common assault or
battery
How serious was the
injury?
Slight Guilty s47 OAPA
Assault occasioning
actual bodily harm
Wound or really
serious injury
Did D intend to cause
serious harm?
No Guilty s20 OAPA
Yes, Guilty s 18 OAPA

21.  Richard and his girlfriend Alison had a serious
argument, at the end of which Alison, in her
rage, picked up a kitchen knife and threw it
at Richard. It struck him in the shoulder and
caused a bad cut and and damaged tendons.
 Use the same method as before.