Points to prove
- 1. The defendant unlawfully wounded another person or caused another person grievous bodily harm.
- 2. The defendant acted maliciously: intending or being reckless as to causing some physical harm; where intent to cause grievous bodily harm is proved, maliciously adds nothing further.
- 3. The defendant intended to cause grievous bodily harm to a person, or intended to resist or prevent the lawful apprehension or detention of a person.
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- Self-defence / defence of another / prevention of crime — common law and s 76 Criminal Justice and Immigration Act 2008 (reasonable force)
Mode of trial & maximum penalty
Indictable only — Court maximum
On indictment: Life imprisonment, a fine, or both.
Out-of-court disposal
Not a fixed penalty or penalty notice for disorder offence.
Sources
- www.legislation.gov.uk/ukpga/Vict/24-25/100/section/18
- www.cps.gov.uk/prosecution-guidance/offences-against-person-inco
- www.gov.uk/guidance/criminal-justice-system-data-standards-forum
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