Grievous bodily harm meaning

—introduction Manslaughter is divided into two categories: voluntary and involuntary. Voluntary manslaughter covers killings that would otherwise amount to murder—because the accused has the relevant mental element—yet liability is reduced to manslaughter owing to one of three special defences. Involuntary manslaughter refers to forms of the offence that can be charged on their own where the accused does not have the mental element for murder, that is, the intention to kill or to cause grievous bodily harm (GBH); it can likewise follow an indictment for murder where the prosecution fail to prove the mental element. See: R v Taylor (1834) 2 Lew CC 215 (not reported by LexisNexis®). For further information on voluntary manslaughter and murder, see Practice Notes: Voluntary manslaughter and Murder...

The offence of unlawful wounding or inflicting grievous bodily harm The 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 heard in either the magistrates’ court or the Crown Court. The magistrates’ court will decline jurisdiction where it considers its sentencing powers inadequate. To assess the likelihood of the magistrates’ court accepting or refusing jurisdiction, practitioners may consult the relevant sentencing guidance; see the Sentencing Council guidelines for unlawful wounding or inflicting grievous bodily harm referenced below... Elements of the offence of unlawful wounding of inflicting grievous bodily harm Under the OATPA 1861, the prosecution must demonstrate that the accused: wounded, or inflicted GBH, and did so maliciously and unlawfully Wounding A wound requires a break in the continuity of the whole skin, meaning both the epidermis and dermis are penetrated. A mere scratch or superficial breach of the outer layer...

For thorough guidance on dangerous driving where a death occurs, see Practice Note: Death by dangerous driving. The offence of dangerous driving, contrary to section 2 of the Road Traffic Act 1988 (RTA 1988), can be tried in the Crown Court or in the magistrates’ court. Elements of the dangerous driving offence To be guilty of the offence, a person must satisfy the following: drive a mechanically propelled vehicle on a road or another public place in a dangerous manner Causing injury by dangerous driving RTA 1988, s 1A, outlaws the offence of causing serious injury by dangerous driving. It is an either way offence. Its ingredients mirror those for dangerous driving, with the further requirement that the driving results in serious injury. Serious injury means physical harm amounting to grievous bodily harm for the purposes of the Offences Against the Person Act 1861. ‘Driving’ for these purposes A person is regarded as driving where,...