Offences against the person - Wounding or causing grievous bodily harm with intent (s.18 Offences Against the Person Act 1861)

Learning Outcomes

After studying this article, you will be able to identify and explain the legal requirements for wounding or causing grievous bodily harm (GBH) with intent under s.18 Offences Against the Person Act 1861. You will understand the actus reus and mens rea, distinguish s.18 from related offences, and apply the law to practical scenarios as required for SQE1 multiple-choice questions.

SQE1 Syllabus

For SQE1, you are required to understand the offence of wounding or causing grievous bodily harm with intent under s.18 Offences Against the Person Act 1861. In your revision, focus on:

• the actus reus of s.18: what constitutes a wound or GBH
• the mens rea: the requirement for specific intent to cause GBH or to resist/prevent lawful apprehension
• the distinction between s.18 and s.20 offences (intent vs. recklessness)
• how to apply these principles to fact patterns and identify the correct charge

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What must the prosecution prove to establish the actus reus of s.18 Offences Against the Person Act 1861?
2. What is the difference in mens rea between s.18 and s.20 offences?
3. Can recklessness ever be sufficient for liability under s.18?
4. What is the maximum sentence for a conviction under s.18?

Introduction

Section 18 of the Offences Against the Person Act 1861 creates the most serious non-fatal offence against the person: wounding or causing grievous bodily harm (GBH) with intent. This offence is reserved for cases where the defendant not only inflicts serious injury but does so with a specific intention to cause such harm, or to resist or prevent lawful apprehension. Understanding s.18 is essential for SQE1, as it is frequently tested and requires precise knowledge of both actus reus and mens rea.

Actus Reus of s.18

The actus reus of s.18 is satisfied by either unlawfully wounding another person or causing them grievous bodily harm.

Key Term: wound
A wound is a break in the continuity of the whole skin—both the outer (epidermis) and inner (dermis) layers must be broken. Minor cuts may suffice if both layers are pierced.

Key Term: grievous bodily harm (GBH)
GBH means really serious harm. This can be serious physical injury or, if medically recognised, serious psychiatric injury.

A wound may be caused by a sharp object (e.g., a knife) or by force that splits the skin. GBH includes injuries such as broken bones, substantial blood loss, or severe psychological trauma.

Causation

The prosecution must prove both factual and legal causation:

Key Term: factual causation
Factual causation is established if the result would not have occurred but for the defendant's conduct.

Key Term: legal causation
Legal causation requires that the defendant's act is a significant cause of the result and there is no intervening act breaking the chain of causation.

Mens Rea of s.18

The mens rea for s.18 is specific intent. The prosecution must prove that the defendant intended either:

• to cause grievous bodily harm, or
• to resist or prevent the lawful apprehension or detention of any person (and was at least reckless as to causing some harm).

Key Term: specific intent
Specific intent means the defendant's aim or purpose was to cause a particular result (here, GBH), or they foresaw the result as a virtual certainty.

Recklessness is never sufficient for liability under s.18 except for the limited case where the defendant intends to resist or prevent lawful apprehension—here, recklessness as to some harm will suffice, but not for the main limb of intending GBH.

Worked Example 1.1

Scenario:
Sam stabs Lee in the leg with a knife, causing a deep wound that requires surgery. Sam admits he wanted to cause Lee serious injury.

Answer:
Sam is likely guilty under s.18. The actus reus (wounding) is satisfied, and Sam's admitted intention to cause serious injury fulfills the specific intent required.

Worked Example 1.2

Scenario:
Alex swings a bat at Pat's head during a fight, causing a fractured skull. Alex says he only wanted to scare Pat, not to cause serious harm.

Answer:
If the jury finds that Alex foresaw serious injury as a virtual certainty, he may be found to have oblique intent. If not, and he only intended to frighten, s.18 is not made out—s.20 may be more appropriate.

Exam Warning

For s.18, the prosecution must prove intent to cause GBH. Intention to wound alone is not enough. Recklessness is never sufficient except for the "resisting arrest" limb, and even then, only as to some harm.

Distinguishing s.18 from s.20

Worked Example 1.3

Scenario:
Jordan throws acid at a victim's face, intending to cause permanent disfigurement. The victim suffers severe burns and psychological trauma.

Answer:
Jordan is guilty under s.18. Throwing acid with intent to cause serious harm meets both the actus reus (GBH) and the specific intent required.

Proving Specific Intent

Intent may be proved by direct evidence (e.g., admissions) or inferred from the circumstances:

• Use of a weapon or targeting a vulnerable body part may indicate intent.
• Repeated or particularly violent attacks may support a finding of intent.
• Statements or threats made before or during the attack can be relevant.

Defences and Sentencing

Defences such as self-defence or lack of intent may be raised. Voluntary intoxication may be relevant only if it prevents the defendant from forming the specific intent required for s.18, but this is rarely successful.

Sentencing for s.18 is severe, with a maximum of life imprisonment. Aggravating factors include use of weapons, premeditation, or attacks on vulnerable victims.

Summary

• s.18 OAPA 1861 covers wounding or causing GBH with intent.
• The actus reus is wounding (breaking both layers of skin) or causing really serious harm.
• The mens rea is specific intent to cause GBH or to resist/prevent lawful apprehension (with at least recklessness as to some harm for the latter).
• Recklessness alone is never sufficient for the main limb of s.18.
• s.18 is indictable only and carries a maximum sentence of life imprisonment.

Key Point Checklist

This article has covered the following key knowledge points:

• The actus reus of s.18 is wounding (break in both skin layers) or causing GBH (really serious harm).
• The mens rea is specific intent to cause GBH or to resist/prevent lawful apprehension (with recklessness as to some harm only for the latter).
• Recklessness is never enough for the main limb of s.18.
• s.18 is more serious than s.20 due to the requirement for specific intent.
• s.18 is triable only on indictment and carries a maximum sentence of life imprisonment.

Key Terms and Concepts

• wound
• grievous bodily harm (GBH)
• factual causation
• legal causation
• specific intent