Grievous Bodily Harm (GBH) S18

What is GBH S18?

Unlawful wounding or unlawful infliction of GBH with intention to cause GBH

Actus Reus

Unlawful wounding or unlawful infliction of GBH

Wounding

Requires breaking top 2 layers of skin

Wounding (Case)

R v Einsenhower

GBH

Really serious harm

GBH (Case)

R v Smith

R v Ireland

Psychiatric injury can be GBH

Unlawful Wounding/GBH

Unlawful unless there is a lawful reason for inflicting it (consent, self-defence, police officer arresting suspect)

Mens Rea

Intention to cause GBH

Intention

A decision by D to bring about a prohibited consequence

Intention (Case)

R v Mohan

Is it Easy to Prove Intention for GBH S18?

• No as the jury must be convinced that D intended to cause “really serious harm” which is a very high standard of proof

• Factors are looked at including the way the injures were caused, the severity of the injuries and the number of injuries inflicted

What Act is GBH S18 Under?

S18 Offences Against the Person Act 1861

What is the Maximum Sentence for GBH S18?

Life Sentence

What Type of Offence is GBH S18?

Indictable Offence