This means that the jury must be satisfied that the act s of the defendant were the cause of the GBH. Effectively, it must be proved that 'but for' the act s of the defendant, the victim would not have suffered an injury that amounted to GBH.
The jury must also be sure that the defendant was the operating and substantial cause of the GBH i. Several injuries that would be considered minor on their own can be considered grievous if sufficiently serious when considered cumulatively. Intent: In order for a defendant to be convicted of this offence, the prosecution must prove that the defendant intended to cause harm which amounts in law to serious harm.
This means that the rupture of internal blood vessels i. If there is evidence of any breaking of the skin i. Defences Self-defence The defence of self-defence which includes defending another and acting to protect property , if successfully pleaded at Court will result in an acquittal.
Therefore, a person may be entitled to rely on self-defence if: He or she genuinely believed that it was necessary to act in defence; and His or her response was reasonable. How to instruct Bindmans Our Criminal Defence Team has extensive experience in representing clients who have been accused of and charged with, wounding or causing Grievous Bodily Harm with Intent.
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In GBH offences, aggravating circumstances includes where:. There are a number of possible defences available to someone charged with a GBH offence. The guidance of a criminal lawyer with experience in this area is highly advised in order to work out the best strategy to defend any charge. It is up to the prosecution to establish all the elements of the offence beyond a reasonable doubt.
But a person is not excused from criminal responsibility for GBH that results to a victim because of a physical defect, weakness or abnormality, even though the offender does not intend or reasonably foresee the death or grievous bodily harm.
Self-defence: This defence is divided into whether you were subject to an unprovoked assault, or provoked an assault. In terms of the former, Section of the Criminal Code makes it legal for a person to use such force as is reasonably necessary to defend them against an unprovoked assault.
The force used must not be intended or likely to cause death or grievous bodily harm, and must be proportionate. For example, if a person pushes another person and they fall causing an injury, they can still be convicted of ABH because they intended to push the person. The Crown Prosecution Service recommends a charge of ABH, instead of the lesser Common Assault, in cases where a sentence of over six months is likely.
It is a more serious crime than ABH - as committing GBH means causing extremely serious injuries which severely affect the health of the victim. These can include broken bones or permanent disfigurement. GBH the most serious form of non-fatal assault. Unlike ABH, there is a question of intent.
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