Wounding or causing grievous bodily harm with intent

Published by a UU��ֱ�� Corporate Crime expert

Practice notes

Wounding or causing grievous bodily harm with intent

Published by a UU��ֱ�� Corporate Crime expert

Practice notes

The offence of causing Grievous bodily harm with intent

Wounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on Indictment.

Elements of the offence

Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully and maliciously:

•
wounded with intent to cause GBH, or
•
caused GBH with intent to do so, or
•
wounded with intent to resist or prevent the lawful arrest or detention of any person, or
•
caused GBH with intent to resist or prevent the lawful arrest or detention of any person

‘Unlawfully’ and ‘maliciously’

Unlawfully

The wounding or causing of GBH must be unlawful.

Wounding or causing GBH may be lawful if used:

•
in self-defence
•
in defence of another
•
in defence of property
•
for the prevention of crime
•
where the victim gave express or implied consent

For further information on these defences, see below: Defences.

Maliciously

If the accused is charged with maliciously

Jurisdiction(s):

United Kingdom

Key definition:

Wounding definition

What does Wounding mean?

Wounding or inflicting grievous bodily harm with intent is only triable in the Crown Court.

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