Grievous Bodily Harm Prosecutions
πΉ Legal Framework
Grievous Bodily Harm (GBH) is a serious offence under the Offences Against the Person Act 1861 (OAPA) and can be charged under:
Section 20 OAPA β Unlawful wounding or inflicting GBH without intent (Triable either way).
Section 18 OAPA β Wounding or causing GBH with intent to cause serious harm (Indictable only, more serious).
β Section 20 β "Inflicting GBH" (Without Intent)
Mens rea: Defendant must intend or be reckless as to causing some harm (not necessarily serious).
Maximum sentence: 5 years imprisonment.
β Section 18 β "Causing GBH with Intent"
Mens rea: Defendant must intend to cause serious bodily harm or resist/prevent lawful arrest.
Maximum sentence: Life imprisonment.
πΉ What is GBH?
"Grievous" means really serious harm. This can include:
Serious cuts or fractures
Long-term or permanent injuries
Psychiatric harm (if medically recognised)
Transmission of serious disease (e.g., HIV)
πΉ Key Case Law Illustrating GBH Prosecutions
1. DPP v Smith [1961] AC 290
Facts:
A police officer tried to stop the defendant's car. The defendant drove off at high speed with the officer on the bonnet, who fell and died.
Held:
The House of Lords held that "grievous bodily harm" means really serious harm, and foresight of such harm is enough for the offence.
Significance:
This case defined what constitutes GBH and confirmed that foreseeability of serious harm could be sufficient for liability.
2. R v Saunders [1985] Crim LR 230
Facts:
The defendant punched the victim, causing serious injury.
Held:
The Court of Appeal confirmed that "serious harm" and "grievous bodily harm" mean the same thing, and there's no need for permanent or life-threatening injuries.
Significance:
Clarified the standard of harm required for GBH β serious harm is enough, even if not permanent.
3. R v Bollom [2003] EWCA Crim 2846
Facts:
A man caused multiple bruises and injuries to a 17-month-old child. The prosecution argued GBH based on the totality of injuries.
Held:
The Court of Appeal ruled that the victim's age and health can be considered when deciding if the injuries amount to GBH.
Significance:
Recognised that vulnerability of the victim matters β less severe injuries might still be GBH when inflicted on infants, elderly, or vulnerable persons.
4. R v Burstow [1998] 1 AC 147
Facts:
The defendant stalked and harassed a woman, causing her severe depression.
Held:
The House of Lords held that serious psychiatric injury can amount to GBH under both sections 18 and 20.
Significance:
Expanded GBH to include recognised psychological harm, not just physical injuries.
5. R v Dica [2004] EWCA Crim 1103
Facts:
The defendant knowingly infected two women with HIV through unprotected sex without informing them of his status.
Held:
The Court of Appeal held that biological transmission of a disease (like HIV) can amount to infliction of GBH.
Significance:
Confirmed that knowingly transmitting serious diseases = GBH, and intent or recklessness may determine whether itβs under section 18 or 20.
6. R v Parmenter [1991] 94 Cr App R 193
Facts:
A father injured his baby through rough handling, not realising it would cause harm.
Held:
He was convicted under section 20, not section 18, as he lacked intent to cause serious harm.
Significance:
Clarified the difference in mens rea between sections 18 and 20 β recklessness sufficient for s.20, but not for s.18.
πΉ Key Distinctions Between Section 18 and 20 GBH
| Element | Section 18 OAPA | Section 20 OAPA |
|---|---|---|
| Mens rea | Specific intent to cause GBH or resist arrest | Intent or recklessness to cause some harm |
| Actus reus | Cause GBH or wound | Inflict GBH or wound |
| Sentence | Up to life imprisonment | Up to 5 years imprisonment |
| Trial type | Indictable only | Triable either way |
πΉ Sentencing Factors
Courts consider:
Level of violence used
Premeditation or provocation
Use of weapons
Extent of injury (physical or psychological)
Age and vulnerability of the victim
πΉ Conclusion
Prosecutions for Grievous Bodily Harm under sections 18 and 20 of the Offences Against the Person Act 1861 are a core part of violent crime law in England and Wales. The severity of the injuries, the mental state of the accused, and the vulnerability of the victim are all crucial factors in determining:
Which section is charged
The sentence upon conviction
The cases above show how courts have developed a nuanced and flexible interpretation of GBH, ensuring that both modern harms (like disease or mental health) and traditional violent acts are properly prosecuted.
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