Grievous bodily harm: Difference between revisions
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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. | 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. | 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. | ||
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{{footer}}[[Category:Legal]] | {{footer}}[[Category:Legal]] | ||
Latest revision as of 09:31, 24 April 2022
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
- 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.
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