A2 - Law - Section 18 of OAPA 1861 - GBH

Section 18 of OAPA 1861

Section 18 provides: 'Whosoever shall unlawfully and maliciously by any means whatsoever wound or 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 apprehension or detainer of any person, shall be guilty of an offence, and being convicted thereof shall be liable ... to imprisonment for life'.

This is a much more serious offence than s20, despite the similarities in language used to describe the assault. It is a triable on indictment only, and the maximum sentence is life imprisonment.

Actus reus

The actus reus is unlawfully wounding or causing grievous bodily harm to the victim. The meanings of the words 'wound' and 'grievous bodily harm' are exactly the same as for s20, and the defendant needs only to 'cause' these injuries with the normal rules of cusation applying.

Section 18 also covers wounding and causing grievous bodily harm when resistinng arrest, annd this charge will be preferred where it might…