top-rated free essay

Grievous Bodily Harm with Intent

By shehzeb17mahmood May 05, 2013 675 Words
Grievous Bodily Harm with Intent
Assault causing grievous bodily harm (GBH) with intent is a criminal offence which is covered by Section 18 of the Offences Against the Person Act, so both GBH with intent and Common Assault are categorised under two separate laws which is a difference. For this offence there needs to be “really serious harm” or a similarity between common assault and GBH with intent is that the assault or battery needs to have caused wounding of another person. Probably the best example of this is someone stabbing another person. Intention plays a key role when dealing with GBH. If there was intention to inflict this “really serious harm” then this would fall under Section 18 (the more serious offence). For example if a person head-butts another and breaks their nose they would be guilty of Section 20 if they had not specifically wanted to cause the damage, i.e. a broken nose. If the person knew exactly what they were doing and intended to cause the damage then they would be guilty of Section 18 and charged accordingly. Section 18 can in some cases result in life imprisonment but in reality sentences over ten years are extremely rare. A difference to common assault is that in the case of GBH the option of just a fine is not provided even if it is a first time offence. Also in the case of GBH it is often likely that bail will be refused due to the violent nature of the offence. Common Assault

Under Section 39 of the Criminal Justice Act the offence will be committed when a person either assaults another person or commits a battery, so both GBH with intent and Common Assault are categorised under two separate laws which is a difference. A battery is classified as the application of unlawful force. This could be anything from a push or slap. An assault is when the one person makes the other fear that immediate force will be used against them. This could be anything from shaking a fist or running a finger across a throat. No force needs to be applied in order for it to be an assault. Common assault carries a maximum penalty of six months in prison or a difference conferring to GBH with intent would be a fine. If someone is being charged for the first time it is unlikely that they will go to prison so therefore a fine would be the usual outcome. If the offender has previous convictions or if they were proven to have had a particular motivation for the attack, specifically if it is racially motivated this could however lead to a prison sentence.

The actus reus of assault is any act which causes the victim to apprehend an immediate infliction of violence, e.g. raising a fist or pointing a gun. There is no need for any physical contact between the defendant and the victim. The emphasis is on what the victim thought was about to happen. So even if the defendant meant his threat as a joke, an assault is nevertheless committed if the victim is sufficiently frightened. For example a case that could support this is Logdon v DPP [1976] Crim LR 121- The defendant pointed an imitation gun at a woman in jest. She was terrified. The defendant then told her it wasn't real. An assault had been committed as the victim had apprehended immediate unlawful personal violence and the defendant was reckless as to whether she would apprehend such violence. The defendant must intentionally or recklessly cause his victim to apprehend the infliction of immediate force. For example a case to support this is R v Venna [1976] QB 421. In R v Spratt [1990] 1 WLR 1073, the Court of Appeal held that the subjective Cunningham test of recklessness applies here, in that the defendant had to be aware of the risk of causing another person to apprehend harm. A battery is the infliction of unlawful force by one person upon another.

Cite This Document

Related Documents

  • Product harm

    ...elevate followers, and transforms them into higher performance. Influence According to Quinn (1996), transformational leaders driven by vision and can “see beyond technical competence and political exchange." Quinn (1996) also states that transformational leaders focus on experiences where the concept realization and practice are in a co...

    Read More
  • Intent of the Framers

    ...Intent of the Framers In this paper I will describe the original intent of the freedom of speech, freedom of religion, right to privacy, and criminals’ rights. I will explain current views of the provisions of freedom of speech, freedom of religion, right to privacy, and criminals’ rights. I will assess which events and opinions have ...

    Read More
  • Intent to Live

    ...Name Instructor Course Date “The intent to live, Achieving your true potential as an actor”, By Larry Moss The book is referred to as intent to live because most of the great actors who perform the acting seem not to be acting but living. This is depicted on how they portray their act; very real from the eyes of the audience. Larry moss...

    Read More
  • Letter of Intent

    ...LETTER OF INTENT May 8, 2013 (Title and Name) (Address) Dear , This letter confirms your and our mutual intentions with respect to the potential transaction described herein between (Buyer) and (Seller) . This document in and of itself does not represent an enforceable legal contract. 1. Terms. The p...

    Read More
  • Criminal Intent

    ...Running head: Developmental factors that determine the age of criminal intent. 1 Developmental factors that determine the age of criminal intent in children under the age of seven Charity T. Holloway Liberty University Developmental factors that determine the age of criminal intent Developmental factors that determine the age of crimin...

    Read More
  • Harm of Stereotypes

    ...Harm Of Stereotypes PHI 103 April 1, 2013 Harm of Stereotypes Often people will encounter a stereotype at some point during their lives. Often times stereotypes are made unintentionally, however they can still harm those who have been stereotyped. While I witness many different stereotypes each day, there are three stereotypes that oc...

    Read More
  • Self Harm

    ...Self harm is a way of expressing and dealing with deep distress and emotional pain with the result of guilt and shame. As awful as it might sound to those who don't do it, hurting themselves makes them feel better. The only problem with self-harm is that it doesn't last for very long. It's like putting on a band aid when what you really ne...

    Read More
  • Strategic Intent

    ...analysis is far too outdated in order to measure the continuously changing global market and develop organizations sustainable strategic intent (Hamel& Prahalad 1989). The organizations inside and outside scope of constantly changing global market have developed dramatic impact to the organizations, causing difficult to develop sustainable c...

    Read More

Discover the Best Free Essays on StudyMode

Conquer writer's block once and for all.

High Quality Essays

Our library contains thousands of carefully selected free research papers and essays.

Popular Topics

No matter the topic you're researching, chances are we have it covered.