A guide to s18 GBH- wounding with intent to do grievous bodily harm- s18 Offences Against the Person Act 1861

Introduction

The offence of s18 GBHJ is a serious one, it carries a maximum sentence of life imprisonment, and facing such an allegation can be a terrifying prospect. This article is written for the benefit of the non-lawyer and examines commonly asked questions about the offence of section 18 GBH. I will examine the offence itself, the elements of the offence and the sentences that can be passed down upon conviction. Other articles I have written look at defences to section 18 GBH and the alternative offence of inflicting bodily injury contrary to section 20 of the Offences Against the Person Act 1861.

What Court is s18 GBH heard in?

The offence of s18 GBH is what is called an ‘indictable only’ offence. This means that the case can only be heard in the Crown Court. This is due to the nature and seriousness of the allegation.

What is s18 GBH?

The offence of causing grievous bodily harm with intent is an old one, dating back to the 1861 Offences against the Person Act. The Act states as follows:

18. Wounding with intent to do grievous bodily harm

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.

In order to be guilty of an offence of s18 GBH the prosecution must prove the ‘elements’ of the offence beyond reasonable doubt or so the jury are sure.  

What are the Elements of the offence of s18 GBH?

The elements of the offence of wounding with intent to do grievous bodily harm contrary to s18 Offences Against the Person Act 1861 are outlined below. Each element of the offence must be proven and if the defendant can cast doubt on any one of the elements of the offence then he is entitled to a Not Guilty verdict.

‘Grievous bodily harm’ or ‘wounding’

The first element of s18 GBH is the requirement that grievous bodily harm or a wound is caused. If the injury to the complainant is less than this, then the offence cannot be made out. The Courts have been reluctant to outline exactly what ‘grievous’ means, the case of Smith [1961] AC 566 is the leading authority which states that the term 'grievous bodily harm' should be interpreted by its ordinary and natural meaning of really serious bodily harm, the Court went on to say that it is not helpful to attempt any further definition of the term. It is not necessary that the harm requires hospitalization or that permanent disability or scarring results, although such factors may be useful in determining the extent of the harm.

In respect of wounding, the requirement is that there is a clear break in the whole of the skin, a scratch would not constitute a wound, but any other break in the skin may do. There is no requirement that the break in the skin requires stitches in order for it to be a wound, however, in practice a wound will usually need to be more than a minor break in the skin in order for this offence to be charged over an offence of assault occasioning actual bodily harm.

Grievous bodily harm can include mental injury where it amounts to psychiatric harm and can include the transmission of a sexually transmitted disease.

‘Causing’ or ‘inflicting’

The GBH must have been caused or inflicted by the defendant. 'Inflicting' means that the injury was directly amounted from the act of the defendant, an example would be stabbing someone with a knife. The definition of 'causing' is broader and relates to the results of the act of the defendant. This amounts to the legally complicated issue of causation- did the act of the defendant cause the injury? Examples of indirect causation could be the setting of a dangerous trap or stalking someone and thereby causing them mental psychiatric injury.

‘Unlawfully and maliciously’

The requirement that the harm is cause unlawfully and maliciously is again a requirement for the prosecution to prove. Lawful infliction of GBH can be in a case of self defence, therefore the prosecution must prove that the defendant was not acting lawful self defence if this issue is raised. The question of lawfulness of an action can also be used in respect of the prevention of crime, defence of others and defence of property. All of these matters are subject to a requirement that the defensive action is necessary, reasonable and proportionate. I look at this more in my article on s18 GBH defences. 

Maliciousness is not required to be separately defined as it is covered by the requirement for intent.

‘Intent’

This is one of the most important elements of the offence. The defendant must intend to cause GBH to the complainant, no less will do. So, when the defendant does not mean to cause such serious injury to the complainant then the offence cannot be made out. An example of a case I dealt with which reflects this involved an altercation in a pub. My client went to push away a man that he had an argument with and did not realise that he was still holding his pint glass in his hand, and it smashed on the complainant’s face causing him a wound. The jury accepted his defence and as he did not have intent to cause the injury, he was acquitted of s18 GBH.

Alternative offences to s18 GBH

Section 18 GBH is a serious offence, and lesser alternative offences can sometimes be useful in respect of the negotiation of plea deals in suitable cases and alternative verdicts.

Alternative offences can be-

• Inflicting grievous bodily harm contrary to s20 of the Offences Against the Person Act 1861- this is essentially the s18 offence but without the intent element.
• Assault occasioning actual bodily harm contrary to s47 of the Offences Against the Person Act 1861- a lesser offence where the level of injury is less serious
• Affray contrary to s3 of the Public Order Act 1986- often used in the context of mass fights/brawls in public places, it is a common alternative where a defendant’s participation in a joint enterprise is questionable

Of these only s20 GBH and s47 Assault ABH are alternative verdicts that can be delivered by a jury at trial.

Section 18 GBH sentencing

The maximum sentence for s18 GBH is life imprisonment. The Sentencing Guideline Council has issued Sentencing Guidelines for this offence which can be found here. The sentence is based on a combination of an assessment of the defendant’s culpability and the harm caused by the offending.

These guidelines must be followed by the Court unless it is in the interests of justice not to do so. One notable exception is that where a victim’s life is ended by a s18 GBH, the punishment imposed by the Court will bear some relation to the sentence that would be passed if the defendant had been convicted of murder.

The application of the sentencing guidelines is a complicated exercise that is totally fact specific and no helpful guidance as to the application of the guidelines to specific facts can be given here. If in doubt, please consult a suitably qualified lawyer.

Conclusion

Section s18 GBH is a serious offence, in respect of offences against the person it is second in gravity only to murder. The above is designed to be a layman’s guide to the law in respect of this offence. However, every case will be determined on its factual background and suitable legal advice should be sought by anyone accused of this offence.

If you are accused of an offence of s18 GBH you may wish to instruct an expert in this area to give you the best chances of success. Quentin Hunt is a Criminal Defence Barrister who is regarded as a leading barrister in serious offences against the person. He has been dealing with s18 GBH cases for 25 years and practices from Chambers in London, although he travels nationally to deal with cases. Quentin accepts instructions both through solicitors and directly from members of the public. You may contact Quentin for a free, no obligation discussion about your case. Quentin does not accept instructions through the Legal Aid scheme.