Section 18 and Section 20 Offences Against the Person Act 1861: Grievous Bodily Harm

Grievous Bodily Harm

Section 18

Actus Reus: Defendant causes grievous bodily harm or wounding. 

Brown v Stratton: (Multiple GBH injuries). Held really serious injury could be shown through a number of minor injuries together.

DPP v Smith: (Grievous Bodily Harm). Held grievous bodily harm means really serious injury. 

JCC v Eisenhower: (Wounding). Held this was not a wound as it did not break layers of skin. 

Mens Rea: The defendant must directly intend to cause really serious harm. 

Belfon: Held the defendant directly desired to cause really serious harm.

Woolin: Held could the consequences be foreseen as a virtual certain result and did the defendant foresee them as a virtual certain result. 

The actus reus for section 18 and section 20 are the same. 

Section 20

Mens Rea: The defendant must intend or be reckless as to inflicting some harm. 

DPP v A: Held the defendant must foresee that some harm might occur.  

Extra Cases

Bollom: Held the victims age is relevant as the elderly and children will tend to have more serious injuries. 

Dica: Held sexually transmitted diseases such as HIV count as grievous bodily harm. 

White: Held section 18 was reduced to section 20 because the defendant could not form the direct intent.