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l_rnodules/nmd3a/350_non_frtaVO

breakingboth layers of the skin or "grievousbodily

harm'.
DPP v Smith [196U "grievousmeans no more and
no lessthan 'really serious"',
R v Saunders [1985] the word "seriously"could
safely be omitted,
R v Janiua (1998); R v Choudhury (1998) the
trialjudge should decidewhether or not to include
"really"
R v Brown & Stratton lL99Bf
whether the injury amountsto grievousor merely
actual bodily harm is to be judged objectively
accordingto the standards of ordinary usage and
experience.

Grievous Bodily SectionlS: "Whosoevershall unlawfully and

Harm with intent maliciously by any means whatsoever wound or
Sections 18 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
apprehensionor detainer of any person,shall be
guilty of an offenee,and being csnvicted theresf
shall be liable to imprisonmentfor life"

Thereare four offencesunder this section:

(a) Woundor (b) causeany grievousbodilyharm to
any person

with intent to do somegrievousbodily

harm to any person

and
,
or with intent to resist or prevent the
lawfulapprehension or detainerof any
p e rs o n . . .

CPS Code
Section 18
The greater rnens rea requirement in section 18
means that it should be reserved for the more
serious cases,as where there is:
a repeated or planned attack; deliberate selection of
a weapon or adaptation of an article to cause injury,
such as breakinga glassbefore an attack; making
prior threats; or using an offensive weapon against,
or kicking,the victim's head.

Note also that the ulterior intent in section 18 may

consist of an intent to resist or prevent the lawful
apprehensionor detainer of any person,and in
these easesthere must obviously be evidence of
such an intent.