OVERVIEW
Two indictable offences distinguished principally by the required intent.
Sections 17 and 19 of the Offences against the Person Ordinance (Cap. 212) address wounding and grievous bodily harm. Both provisions require proof of the prohibited injury and the necessary causal connection, but section 17 requires a more specific intent and carries a substantially higher maximum penalty.
The appropriate charge depends on the evidence as a whole, including the nature of the injury, how it was caused, the accused's words and conduct, and the state of mind that can properly be inferred from the circumstances.
Sections 17 and 19 of the Offences against the Person Ordinance.
Wounding offences under sections 17 and 19 of the Offences against the Person Ordinance (Cap. 212) are among the more serious offences against the person encountered in the courts. Section 17 charges are brought in the District Court or the Court of First Instance, whereas section 19 offences may be tried in the Magistrates' Courts or the District Court. Section 17 carries a maximum sentence of life imprisonment, whereas section 19 carries a maximum of three years' imprisonment. To constitute a wound, there must be a break in the continuity of the whole skin. A wounding charge must be treated seriously because a conviction is likely, though not certain, to result in imprisonment.
Wounding with intent to do grievous bodily harm
The relevant limb applies where a person “unlawfully and maliciously, by any means whatsoever, wounds or causes any grievous bodily harm to any person” with intent “to maim, disfigure, or disable any person, or to do some other grievous bodily harm to any person”, or with the further arrest-resistance intent specified in the section. The offence is triable upon indictment and carries a maximum of life imprisonment.
Wounding or inflicting grievous bodily harm
“Any person who unlawfully and maliciously wounds or inflicts any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of an offence triable upon indictment, and shall be liable to imprisonment for 3 years.”
Elements of section 19 Wounding or Inflicting Grievous Bodily Harm
A wound or grievous bodily harm
The prosecution must prove either a wound, meaning a break in the continuity of the whole skin, or grievous bodily harm. Grievous bodily harm means really serious bodily harm; it need not be permanent or life-threatening.
The conduct was unlawful
The wounding or infliction of grievous bodily harm must be unlawful. A lawful justification, including reasonable force used in lawful self-defence, may prevent this element from being proved.
Causation
The prosecution must prove that the accused's conduct caused the wound or grievous bodily harm relied upon. Medical evidence is ordinarily central to the nature, extent and cause of the injury.
Intention to cause physical harm
The accused must intend to cause some physical harm. The prosecution need not prove an intention that the harm would amount to a wound or grievous bodily harm.
Elements of section 17 Wounding with Intent to do Grievous Bodily Harm
A wound or grievous bodily harm
For the relevant limb of section 17, the accused must unlawfully and maliciously wound or cause grievous bodily harm to another person by any means whatsoever.
Specific intent
The prosecution must prove an intent to maim, disfigure or disable a person, or to do some other grievous bodily harm. Section 17 also extends to the specified conduct done with intent to resist or prevent lawful apprehension or detention.
Causation and evidence
The prosecution must connect the accused's conduct with the injury charged. The medical findings, mechanism of injury, weapon or instrument, words used and surrounding circumstances may all bear on causation and intent.
Intent must be proved
The seriousness of an injury may support an inference of intent, but it does not by itself establish the specific intent required by section 17. The prosecution must prove that intent beyond reasonable doubt.
THE DIFFERENCE BETWEEN THE OFFENCES
Section 17 requires proof of a specific intent.
Section 19 can be established by intention to cause some physical harm. Section 17 requires the prosecution to prove one of the specific intents stated in that provision.
| Issue | Section 19 | Section 17 |
|---|---|---|
| Statutory provision | Section 19 of Cap. 212 | Section 17 of Cap. 212 |
| Injury | A wound or grievous bodily harm | For the relevant limb, a wound or grievous bodily harm |
| State of mind | Intention to cause some physical harm | Specific intent to maim, disfigure or disable, or to do some other grievous bodily harm; the section also covers the statutory arrest-resistance intent |
| Mode of trial | Triable upon indictment | Triable upon indictment |
| Maximum statutory imprisonment | Three years | Life imprisonment |
HOW MCS CAN ASSIST
Advice and representation in serious assault cases.
MCS can assess the medical and forensic evidence, causation, the alleged weapon or mechanism of injury, and the evidence said to establish the required intent. We can advise on available defences and represent clients from investigation and interview through trial, plea and sentence.