Grievous Bodily Harm Section 18 AO1

Section and Act?

Section 18 Offence Against A Person’s Act (OAPA) 1861

Seriousness of offence and max sentence?

Indictable

Life

Actus Reus?

Wounding or causing grievous bodily harm.

What is the definition of a wound and the case that defined it?

Eisenhower said that a wound is a break in the continuity of the skin.

What did Saunders define GBH as?

Saunders said that GBH was serious harm.

What is now included in ‘GBH’

GBH now includes mental harm (Burstow)

What did Bollom say you need to consider?

Bollom said you need to consider the victim when looking at how serious the harm is. Bruising a baby would likely amount to serious harm.

What else does GBH now include?

GBH has been extended to include biological harm/STDs (Dica-HIV, Golding-herpes).

GBH doesn’t need to be life threatening.

Mens Rea?

D must intend serious harm. Mohan defines intention as ‘a decision to bring about the prohibited consequence’

Reform Proposal?

Law Commission 2015

Suggested changing it to ‘intentionally causing serious injury’

Makes MR clearer