Inflicting Grievous Bodily Harm (often abbreviated to GBH) is a phrase used in English criminal law which was introduced in sections 18 and 20 Offences Against The Person Act 1861. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive A summary offense, also known as a petty crime, is a criminal act in some Common law jurisdictions that can be proceeded with summarily without the right In many Common law Jurisdictions (eg the United Kingdom, Republic of Ireland, Canada, United States, India, A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the Common law Regulatory offences or quasi-criminal offences are a class of crime in which the standard for proving Culpability has been lowered so a Mens rea A lesser included offense, in Criminal law, is a crime for which all of the elements necessary to impose Liability are also elements found in a more serious crime Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved Causation is the "causal relationship between conduct and result In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. In the Criminal law, intention is one of the three general classes of Mens rea necessary to constitute a conventional as opposed to In English Criminal law, intention is one of the types of Mens rea ( Latin for "guilty mind" that when accompanied by an In the Criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting Mens rea (the In the Criminal law, criminal negligence is one of the three general classes of Mens rea ( Latin for "guilty mind" element required In the Criminal law, corporate liability determines the extent to which a Corporation as a fictitious person can be liable for the acts and omissions The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity In Criminal law, strict liability is liability for which Mens rea ( Latin for "guilty mind" does not have to be proven in relation In the Criminal law, an omission, or failure to act will constitute an Actus reus ( Latin for "guilty act" and give rise to liability In Western Jurisprudence, concurrence, (or contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence Ignorantia juris non excusat or Ignorantia legis neminem excusat ( Latin for " Ignorance of the Law does not excuse" In English Criminal law, incitement is an anticipatory Common law offence and is the act of persuading encouraging instigating pressuring or threatening In the Criminal law, a conspiracy is an agreement between Natural persons to break the law at some time in the future and in some cases with at least one overt act An accessory is a person who assists in the commission of a Crime, but who does not actually participate in the commission of the crime as a joint principal Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself the actions must go beyond mere preparation In Criminal law, the doctrine of common purpose, common design or joint enterprise refers to the situation where two or more people embark on a project In the Criminal law, consent may be an Excuse and prevent the defendant from incurring Liability for what was done For duress in US law see Duress Duress in English criminal law is a complete common law defence operating in favour of those who commit For the discussion on general principles and policy see Necessity In English law, the defence of necessity recognises that there may In English Criminal law, the defence of self-defence provides for the right of people to act in a manner that would be otherwise unlawful in order to preserve the For a description of the general principles see Provocation (legal. For the law in other Criminal jurisdictions see Diminished responsibility. The M'Naghten Rules (pronounced and sometimes spelled McNaughton) were the first serious attempt to Codify and rationalise the attitude of the criminal law towards In Criminal law, a common assault is a Crime when the Victim apprehends immediate use of unlawful violence by the Defendant or the Defendant Battery is a term used by the Common law jurisdictions which involves an Injury or other Contact upon the Person of another in a manner likely Assault Occasioning Actual Bodily Harm (often abbreviated to Assault O The Offences Against the Person Act 1861 (24 & 25 Vict c100 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. In English law, murder is considered the most serious form of Homicide, in which one person kills another either intending to cause death or intending to For a discussion of the law in other countries see Manslaughter In the English law of Homicide, manslaughter is a less serious Corporate manslaughter is a Criminal offence in English law, being an act of Homicide committed by a company. Harassment refers to a wide spectrum of offensive behaviour The term commonly refers to behaviour intended to disturb or upset and when the term is used in a legal sense it refers In English law causing criminal damage was originally a Common law offence. In English law causing criminal damage was originally a Common law offence. The Public Order Act 1986 creates offences commonly used by United Kingdom police to deal with public disorder and Violence. For the law of Tort, see Nuisance In the English Criminal law, public nuisance is a class of Common law offence The Theft Act 1968 (1968 c60 is an Act of the Parliament of the United Kingdom, governing most of the general property offences in English law. In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given Dishonesty is a word which in common usage may be defined as the act or to act without honesty a lack of probity to cheat lying or being deliberately deceptive lacking in Robbery is the Crime of seizing Property through Violence or Intimidation. A TWOC can also be a medical procedure - a trial without Catheter TWOC is an Acronym standing for Taking Without Owner's Consent. In English law, the main deception offences are defined in the Theft Act 1968 (TA68 the Theft Act 1978 and the Theft (Amendment Act 1996 Blackmail is the crime of threatening to reveal substantially true information about a person to the public a family member or associates unless a demand made upon the In English Criminal law, handling takes place after the Theft is completed and is committed by a fence or other person who helps the thief to realise The Theft Act 1978 supplemented the earlier Deception offences in English law contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those Forgery is the process of making adapting or imitating objects statistics or documents (see False document) with the intent to deceive. The Fraud Act 2006 (2006 c35 is an Act of Parliament in the United Kingdom, affecting England and Wales and Northern Ireland. Computer crime, Cybercrime, e-crime, hi-tech crime or electronic crime generally refers to criminal activity where a Computer Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person In Criminal law, kidnapping is the taking away or Asportation of a person against the person's will usually to hold the person in False imprisonment Bribery, a form of pecuniary corruption is an act usually implying money or gift given that alters the behaviour of the recipient in ways not consistent with the duties of that person Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a The crime of obstruction of justice includes crimes committed by Judges Prosecutors attorneys general, and elected officials in general Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property The law of trusts and estates is generally considered the body of Law which governs the management of personal affairs and the Disposition of Property of The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Offences Against the Person Act 1861 (24 & 25 Vict c100 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. For less serious offences, see common assault and assault occasioning actual bodily harm
Contents |
The offences
Section 18 (as amended)
- 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, shall be guilty of an offence and, being convicted thereof, shall be liable to imprisonment for life. In Criminal law, a common assault is a Crime when the Victim apprehends immediate use of unlawful violence by the Defendant or the Defendant Assault Occasioning Actual Bodily Harm (often abbreviated to Assault O
Section 20 (as amended)
- Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of an offence and, being convicted therefore, shall be liable to a term of imprisonment not exceeding five years.
The distinction between these two sections is the requirement of specific intent for section 18. In the Criminal law, intention is one of the three general classes of Mens rea necessary to constitute a conventional as opposed to For this reason the offence under section 18 is often referred to as "GBH with intent" or "wounding with intent". See Intention in English law for a discussion of the modern test to determine whether any particular consequence is intended. In English Criminal law, intention is one of the types of Mens rea ( Latin for "guilty mind" that when accompanied by an
Definitions
Both these sections refer to wounding and to grievous bodily harm. These terms are not defined in the Act, but have been defined by the case law. A wound requires the breaking of the continuity of the whole skin, Moriarty v Brookes (1834) 6 C & P 684. A single drop of blood is sufficient, but it must fall outside the body (see JCC (a minor) v Eisenhower (1984) 78 Cr. App. R. 48). Grievous bodily harm means "really serious harm", DPP v Smith [1961] AC 290 (although R v Sanders (1985) CLR 230 allows "serious injury" as a sufficient direction to the jury). A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them
Non-physical injury
Non-physical or psychiatric injury can be considered "bodily harm" whether "actual" or "grievous", but there must be formal medical evidence to verify the injury. The original legislative intent was almost certainly restricted to physical injury because Parliament required "bodily" (i. A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories e. harm to the skin, flesh and bones of the victim) rather than "mental" or "emotional" harm. After all, psychiatry was in its infancy in 1861. Psychiatry is a medical specialty which exists to study, prevent, and treat Mental disorders in Humans Psychiatric Hence, in R v Clarence (1888) 22 QBD 23, at a time when the defendant knew that he was suffering from a venereal disease, he had sexual intercourse and communicated the disease to his wife. The court was reluctant to consider this either an "injury" or an injury "inflicted" within the meaning of the Act because there was no assault. In modern times, the practice of statutory interpretation frequently refers to the actual intention of the draftsman as expressed in the words of the Act, but considered in the light of contemporary knowledge. Statutory interpretation is the process of interpreting and applying Legislation. Applying this approach. a recognisable psychiatric injury may be bodily injury. Thus, R v. Chan Fook (1994) 1 WLR 689 accepted hysteria as an injury when the defendant locked up a shoplifter who became very upset (i. Shoplifting (also known as retail theft, or shrinkage within the retail industry is Theft of goods from a Retail establishment by an ostensible e. there was some resulting "harm"). This was followed by the Court of Appeal in R v Constanza (1997) 2 Cr. The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Appellate Committee of the House of Lords above R v Constanza [1997] 2 Cr App Rep 492 is an English case, which was heard by the Criminal Division of the Court of Appeal on appeal App. R. 492, and the House of Lords which confirmed the principle in R v Burstow, R v Ireland (1998) AC 147. The House of Lords is the second house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords" These were a pair of cases on harassment situations before the Protection from the Harassment Act 1997 came into force. Harassment refers to a wide spectrum of offensive behaviour The term commonly refers to behaviour intended to disturb or upset and when the term is used in a legal sense it refers During a three month period, Ireland, who had a substantial record of making offensive telephone calls to women, harassed three women by making repeated silent or heavy breathing telephone calls to them at night. This caused his victims to suffer psychiatric illness. Similarly, Burstow could not accept the decision of a woman to terminate a relationship, so he harassed her over an eight month period by making silent and abusive telephone calls, distributed offensive cards in the street where she lived, appeared unnecessarily at her home and place of work, took surreptitious photographs of the victim and her family, and sent her a menacing letter. The victim was fearful of personal violence was diagnosed as suffering from a severe depressive illness. Major depressive disorder, also known as major depression, unipolar depression, unipolar disorder, clinical depression, or simply depression The best medical practice today accepts a link between the body and psychiatric injury, so the words "bodily harm" in ss20 and 47 were capable of covering recognised psychiatric illnesses, such as an anxiety or a depressive disorder, which affect the central nervous system of the body. Anxiety is a physiological and psychological state characterized by Cognitive, Somatic, Emotional and Behavioral components However, to qualify, those neuroses must be more than simple states of fear, or problems in coping with everyday life, which do not amount to psychiatric illnesses. On the significance in the use of the word "inflict" in s20 as opposed to "cause" in s18 (Burstow, above), "inflicting" GBH under s20 could be committed even though no physical violence was applied directly or indirectly to the body of the victim. Further, neither offence requires that a common assault be committed (distinguish actual bodily harm). In Criminal law, a common assault is a Crime when the Victim apprehends immediate use of unlawful violence by the Defendant or the Defendant Assault Occasioning Actual Bodily Harm (often abbreviated to Assault O The Law Commission stated its view that "the deliberate or reckless causing of disease should not be beyond the reach of the criminal law" and there is continuing debate over whether the transmission of HIV is covered as GBH or under s22-24 OAP Act 1861. Human immunodeficiency virus ( HIV) is a Lentivirus (a member of the Retrovirus family that can lead to acquired immunodeficiency syndrome
Inflict and cause
Inflict is usually taken to mean the same as causing (see causation), so shouting fire in a crowded theatre would "inflict" the injuries in the resulting panic (see R v Martin (1881) 8 QBD 54). Causation is the "causal relationship between conduct and result In R v Sullivan (1981) CLR 46 a driver swerved towards a group of pedestrians intending to scare them, but lost control of the car and actually injured the pedestrians. As he had only foreseen the risk of non-physical harm, his liability was reduced to s47 as an assault. But, in R v Wilson (1984) AC 242 a driver punched a pedestrian in the face. Lord Roskill stated: "In our opinion, grievous bodily harm may be inflicted … either where the accused has directly and violently "inflicted" it by assaulting the victim, or where the accused has "inflicted" it by doing something, intentionally, which, although it is not itself a direct application of force to the body of the victim, does directly result in force being applied violently to the body of the victim, so that he suffers grievous bodily harm. " (see R v Burstow above that harassment is inflicted harm because it is intended to have an effect). But in R v Mandair (1994) 2 All ER 715, Lord Mackay held that "causing" was "wider or at least not narrower than the word 'inflict'", and both words include acts and omissions. In the Criminal law, an omission, or failure to act will constitute an Actus reus ( Latin for "guilty act" and give rise to liability
Maliciously
In R v Mowatt (1968) 1 QB 421 Lord Diplock stated:
- In the offence under section 20 … the word "maliciously" does import upon the part of the person who unlawfully inflicts the wound or other grievous bodily harm an awareness that his act may have the consequence of causing some physical harm to some other person … It is quite unnecessary that the accused should have foreseen that his unlawful act might cause physical harm of the gravity described in the section, i. e. a wound or serious physical injury. It is enough that he should have foreseen that some physical harm to some person, albeit of a minor character, might result.
Therefore, the defendant must at least be reckless as to whether some harm, albeit not necessarily serious harm, is likely to be caused, (see R v Savage (1991) 1 AC 699) but a mere intention to assault is not enough (see R v Sullivan).
Specific intent
s18 has two separate mens rea requirements and is therefore an offence of specific rather than basic intent. R v Belfon (1976) 1 WLR 741 confirmed that references to mere foresight or recklessness that harm was likely to result are sufficient for the element "unlawfully and maliciously inflict/cause" for the basic intent in both ss18 and 20 but insufficient for the specific element. The intention either to cause or to resist arrest must be proved subjectively, say, in the charge "malicious wounding with intent to cause GBH". If this cannot be done, s20 and 47 are offences of basic intent and can be an alternative charge, and/or s47 is a lesser included offence. A lesser included offense, in Criminal law, is a crime for which all of the elements necessary to impose Liability are also elements found in a more serious crime
Consent
Consent is only an allowed defence to either section if there is considered to be a good reason. In the Criminal law, consent may be an Excuse and prevent the defendant from incurring Liability for what was done This may include medical operations, sport, body modifications (even if carried out by someone who is not trained - see R v Wilson, which involved a husband branding his wife's buttocks), and, occasionally, "horseplay", as in R v Aitken [1992] 1 WLR 1006, in which RAF officers set fire to one of their number inflicting severe burns. Body modification (or body alteration) is the permanent or semi-permanent deliberate altering of the human body for non-medical reasons such as sexual enhancement R v Brown (1993) 2 WLR 556 however ruled that consensual sadomasochism is not legal. Operation Spanner was the name of an operation carried out by police in Manchester in the United Kingdom in 1987. Sadism refers to Sexual or non-sexual gratification in the infliction of Pain or humiliation upon or by another person
References
- Clarkson. C. M. V. Law Commission Report on Offences Against the Person (1994) CLR 324.
- Criminal Law Revision Committee Fourteenth Report (1980) Offences Against the Person (London: HMSO) Cmnd 7844.
- Cross, Rupert. Statutory Interpretation, (3rd ed. ) Oxford: Oxford University Press. (1995)
- Horder, J. Reconsidering Psychic Assault (1998) CLR 392.
- Ormerod, D. C. & Gunn, M. J. Criminal Liability for Transmission of HIV (1996) 1 Web JCLI [1]
- Smith, J. C. Home Office Consultation Paper - Violence: Reforming the OAP Act 1861 (1998) CLR 317.
- Williams, Glanville. Force, Injury and Serious Injury NLJ 7/9/90
Dictionary
grievous bodily harm
-noun
- (UK Law) Serious physical injury, or the fact of causing such injury.
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