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Grievous bodily harm or GBH is a phrase used in English criminal law which was introduced in ss18 and 20 Offences Against The Person Act 1861. For less serious offences, see common assault and assault occasioning actual bodily harm Image File history File links Scale_of_justice. ...
English law is a formal term of art that describes the law for the time being in force in England and Wales. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
In many common law jurisdictions (e. ...
A hybrid offence or dual offence are the special offences in Canadian criminal law where the prosecution may choose whether to proceed with a summary offence or an indictment. ...
Regulatory offences are a class of crime in which the standard for proving culpability has been lowered so as not to require any fault elements. ...
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 is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (guilty mind), produces criminal liability in common law based criminal law jurisdictions such as the United States, United Kingdom. ...
Causation is the bringing about of a result, and in law it is an element in various tests for legal liability. ...
The mens rea is the Latin term for guilty mind used in the criminal law. ...
In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ...
In English criminal law, intention is one of the types of mens rea (Latin for guilty mind) that, when accompanied by an actus reus (Latin for guilty act) constitutes a crime. ...
In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the...
Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal...
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 of the natural persons it employs. ...
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 where mens rea (Latin for guilty mind) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act) although intention, recklessness or knowledge may be required in relation to other elements of the...
In the criminal law, an omission or failure to act will constitute an actus reus (Latin for guilty act) and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. ...
For other uses, see concurrency. ...
It has been suggested that presumed knowledge of the law be merged into this article or section. ...
An inchoate offence is a crime. ...
In English criminal law, incitement is an anticipatory common law offence and is the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime. ...
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 in furtherance of that agreement. ...
An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ...
The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ...
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 with a common purpose that results in the commission of a crime. ...
In the criminal law, consent may be an excuse and prevent the defendant from incurring liability for what was done. ...
For the law in other criminal jurisdictions, see diminished responsibility. ...
For a general discussion of the principles, see duress In English law, duress is a defence which allows a limited excuse in favour of those who commit crimes because they are forced or compelled to do so against their will by the threats of another. ...
The MNaghten Rules are used to establish insanity as an excuse to potential criminal liability, but the definitional criteria establish insanity in the legal and not the psychological sense. ...
For the discussion on general principles and policy, see necessity In English law, the defence of necessity recognises that there may be situations of such an overwhelming urgency, that a person must be allowed to respond by breaking the law. ...
For an description of the general principles, see provocation (legal). ...
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 physical integrity of themselves or others or to prevent any crime. ...
In criminal law, a common assault is a crime when the defendant either puts another in fear of injury or actually commits a battery. ...
This article does not adequately cite its references or sources. ...
Actual Bodily Harm (often abbreviated to ABH) is a type of criminal assault defined under English law. ...
This page is a candidate to be copied to Wikisource. ...
Corporate manslaughter is a term in English law for an act of homicide committed by a company. ...
Harassment refers to a wide spectrum of offensive behavior. ...
Under English law, the Criminal Damage Act 1971 is the main statute covering damage to property. ...
The Malicious Damage Act of 1861 is a law now mostly concerned with damage to property in the transport sector of society. ...
Nuisance is a common law tort. ...
The Theft Act 1968 (1968 c. ...
Everyday instance of theft: the bike which fits on this wheel has disappeared. ...
Dishonesty is a term which in common usage may be defined as the act of being dishonest; to act without honesty; a lack of probity, to cheat, lying or being deliberately deceptive; lacking in integrity; to be knavish, perfidious, corrupt or treacherous; charlatanism or quackery. ...
TWOC is an acronym standing for Taken Without Owners Consent. ...
For the purposes of English law, deception is defined in s15(4) Theft Act 1968 and applies to the deception offences in the Theft Act 1968, and to the Theft Act 1978 and the Theft (Amendment) Act 1996. ...
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. ...
For other uses, see Blackmail (disambiguation). ...
A cars handling is a description of the way the car performs, particularly during cornering. ...
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 offences and adding new provisions. ...
Forgery is the process of making or adapting objects or documents (see false document), with the intention to deceive. ...
Computer Crime, Cybercrime, E-Crime, Hi-Tech Crime or Electronic Crime generally refers to criminal activity where a computer or network is the tool, target, or place of a crime. ...
Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ...
Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ...
Modern Obstruction of Justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ...
Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ...
A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ...
In the common law, a tort is a civil wrong for which the law provides a remedy. ...
This article or section does not adequately cite its references or sources. ...
This does not adequately cite its references or sources. ...
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 an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ...
The law of evidence governs the use of testimony (e. ...
English law is a formal term of art that describes the law for the time being in force in England and Wales. ...
Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ...
This page is a candidate to be copied to Wikisource. ...
In criminal law, a common assault is a crime when the defendant either puts another in fear of injury or actually commits a battery. ...
Actual Bodily Harm (often abbreviated to ABH) is a type of criminal assault defined under English law. ...
The offences
s18 (as amended) reads: - 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.
s20 (as amended) reads: - 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 s18. For this reason the offence under s18 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 the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ...
In English criminal law, intention is one of the types of mens rea (Latin for guilty mind) that, when accompanied by an actus reus (Latin for guilty act) constitutes a crime. ...
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). This article or section does not adequately cite its references or sources. ...
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.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. 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. 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.e. there was some resulting "harm"). This was followed by the Court of Appeal in R v Constanza (1997) 2 Cr. App. R. 492, and the House of Lords which confirmed the principle in R v Burstow, R v Ireland (1998) AC 147. These were a pair of cases on harassment situations before the Protection from the Harassment Act 1997 came into force. 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. 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. 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). 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 ss22-24 OAP Act 1861. A legislature is a type of representative deliberative assembly with the power to adopt laws. ...
The Houses of Parliament, as seen over Westminster Bridge 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. ...
Psychiatrist redirects here. ...
Statutory interpretation is the process of interpreting and applying legislation. ...
This article or section is not written in the formal tone expected of an encyclopedia article. ...
Her Majestys Court of Appeal is the second most senior court in the English legal system, with only the Judicial Committee of the House of Lords above it. ...
R. v. ...
The House of Lords is the upper house of the Parliament of the United Kingdom and is also commonly referred to as the Lords. The Sovereign, the House of Commons (which is the lower house of Parliament and referred to as the Commons), and the Lords together comprise the Parliament. ...
Harassment refers to a wide spectrum of offensive behavior. ...
Clinical depression is state of debilitating sadness or melancholy. ...
This article includes a list of works cited or a list of external links, but its sources remain unclear because it lacks in-text citations. ...
In criminal law, a common assault is a crime when the defendant either puts another in fear of injury or actually commits a battery. ...
Actual Bodily Harm (often abbreviated to ABH) is a type of criminal assault defined under English law. ...
Species Human immunodeficiency virus 1 Human immunodeficiency virus 2 Human immunodeficiency virus (HIV) is a retrovirus that causes acquired immunodeficiency syndrome (AIDS, a condition in humans in which the immune system begins to fail, leading to life-threatening opportunistic infections). ...
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). 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. Causation is the bringing about of a result, and in law it is an element in various tests for legal liability. ...
In the criminal law, an omission or failure to act will constitute an actus reus (Latin for guilty act) and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. ...
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 It is against public policy to allow consent to be a defence to either section (see R v Brown (1993) 2 WLR 556, a case concerning consensual sadomasochism activity) except in certain limited situations involving necessary medical operations, sport, 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. Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ...
In the criminal law, consent may be an excuse and prevent the defendant from incurring liability for what was done. ...
Operation Spanner was the name of an operation carried out by police in Manchester in the United Kingdom in 1987. ...
Flogging demonstration at Folsom Street Fair 2004. ...
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
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