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View the related practice notes about Wounding

Unlawful wounding or inflicting grievous bodily harm

The offence of unlawful wounding or inflicting grievous bodily harmThe offence of unlawful wounding or inflicting grievous bodily harm (GBH) contrary to section 20 of the Offences Against the Person Act 1861 (OATPA 1861) can be tried in either the magistrates' court or the Crown Court. The magistrates' court will decline jurisdiction in those cases where it considers its powers of sentencing are insufficient.To determine whether the magistrates’ court is likely to accept or decline jurisdiction, practitioners may consult the relevant sentencing guidelines, see further: Sentencing Council guidelines for unlawful wounding or inflicting grievous bodily harm below.Elements of the offence of unlawful wounding of inflicting grievous bodily harmUnder the OATPA 1861, the prosecution must prove that the accused:•wounded, or •inflicted GBH, and•the wounding or infliction of GBH was malicious and unlawfulWoundingA wound requires that the continuity of the whole skin is broken. This means that both the dermis and epidermis must be broken. A scratch or break to the outer skin will therefore not be sufficient if the inner skin...

Wounding or causing grievous bodily harm with intent

The offence of causing grievous bodily harm with intentWounding 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’UnlawfullyThe 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.MaliciouslyIf the accused is charged with maliciously wounding or causing GBH with intent, the prosecution must prove, in addition to intention, that the accused acted maliciously. 'Maliciously' has the same meaning...