Grievous Bodily Harm and Wounding with Intent

We will discuss non-fatal offences and how the process by which such offences are dissected. In the UK, the act which primarily deals with such offences are the OAPA (Offences Against the Person Act 1861). We will begin with Section 18: Wounding with intent.

Section 18 states “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 felony, and being convicted thereof shall be liable to be kept in penal servitude for life”.

In this case, the unlawful act is intending to cause any grievous bodily harm, if the individual is found guilty could spend up to life in prison. There are two aspects that would be taken into consideration when deciding such cases. One is the nature of the “wound” and two is the intent behind the wounding. It is important for one to understand and appreciate definitions. A lot rest on the definitions of certain word paramount in establishing the charge. Mcloughlin 1838 defines a wound as a penetration of dermis and epidermis, the two layers of the skin. Internal ruptures do not count as a wound.

Grievous bodily harm has received definitions through case law. In DPP V Smith, the term was substituted for serious harm or injury.  I think one can argue that this term leaves room for relativism to come to the fore. And lastly in determining whether one is guilty of such a charge, the intent of the defendant should be the determined. Did the defendant intend to cause grievous harm to the victim? If the facts prove beyond the shadow of a doubt that when, an individual took a knife and slashed the face of the victim, he did it with the intention to cause the victim to bleed and cause the break the continuity of the skin of the individual, then it is possible for him to be indicted and charged. However if the defendant was trying to chase a really poisonous insect from the face of the victim, and in realizing that his hand was too short and would not give him sufficient leverage to chase the insect, he decided to use the knife and in shock of the defendants rapid use of the knife the victim turned his face resulting in a slash to the face if those facts could be proven, the defendant will not be charged under section 18 because the intention to cause grievous bodily harm does not exist.