Causing grievous bodily harm (Offences against the person - Core principles of criminal liability) Flashcards
(8 cards)
What is the actus reus for Section 18 of the Offences Against the Person Act 1861?
The actus reus involves unlawfully wounding (breaking all layers of the skin) or causing grievous bodily harm (really serious physical or psychiatric injury).
What is the required mens rea for a Section 18 GBH offence?
The defendant must have the specific intent to cause grievous bodily harm. Mere intent to wound or cause lesser harm is insufficient.
How does Section 18 differ from Section 20 in terms of mental state?
Section 18 requires an intent to cause really serious harm, while Section 20 only requires intent or recklessness to cause some harm.
Can someone be convicted under Section 18 if they only intended to cause a minor injury but ended up causing GBH?
No. If the intent was only to cause minor harm, then Section 18 is not satisfied—even if serious injury occurs. The offence would fall under Section 20.
What type of harm qualifies as ‘grievous bodily harm’ for the purposes of Section 18?
Grievous bodily harm includes very serious injuries such as broken bones, permanent disfigurement, or severe psychiatric harm.
In a situation where a defendant caused a serious injury without intending it, can they be convicted under Section 18?
No. Without intention to cause serious harm, the act does not meet the mens rea requirement of Section 18.
What is the maximum offence a person can be charged with if they cause GBH but only intended to cause minor harm?
The maximum charge would be under Section 20, which requires only the intent or recklessness to cause some harm, not grievous bodily harm.
Why might a court convict someone under Section 20 rather than Section 18 for the same injury?
Because Section 18 requires a higher threshold of intent—to cause grievous bodily harm—whereas Section 20 does not. Without proof of that specific intent, a Section 18 conviction cannot stand.
