Book research on criminal charges - GBH, GBH with intent or attempted murder in the UK?

[clueless_cat]

I'm doing some research for a story I'm writing and want it to be as realistic as possible. I've done some research on laws in the UK and just want to clarify some things. I'm trying to determine what would be the most likely charge for the following crime:

A person attacks another with a weapon (not one that is carried but something that is on hand - for example, if someone grabbed a knife in a kitchen or ashtray on the coffee table). The attack is not pre-meditated but the intent is to cause severe harm, possibly murder. The attempt is unsuccessful and the person survives so it is not a charge of murder but would this fall under the category of GBH, GBH with intent or possibly attempted murder (which is more difficult to define by all accounts). My feeling is that GBH with intent would be the most likely charge, any input please?

Also, if a pregnant woman is attacked and loses her baby as a result, does this count as a charge of murder or is the law different concerning foetuses? Would this be dependent on the intent of the attacker, i.e. if they planned to kill the foetus or if it was unintentional/ pregnancy unknown?

Any legal info would be welcomed.

[FredPuli43]

The attack on the woman would be indicted as 'Child destruction' contrary to section 1 of the Infant Life (Preservation) Act, 1929 (q.v.).

The other attack, with intent to cause 'severe harm possibly murder' would be indicted as a s18 wounding, or gbh, with intent. Attempted murder is rarely charged because the defendant can get life imprisonment for s18 and it is usually difficult to prove the necessary intent. As one old judge remarked "If 'I'll kill you you b.....!' before a severe assault was proof of intent to murder, the courts would be trying little else" ! The words seldom mean what they say.

[clueless_cat]

Thank you Fred, that's very helpful :)

[FredPuli43]

Perhaps, for completeness, I should have clarified wounding and gbh with intent. Section 18 of the Offences Against the Person Act 1861 , as amended, gives two ways of committing the offence. The accused is guilty if he has 'unlawfully and maliciously' either wounded someone with intent to cause grievous bodily harm or caused them grievous bodily harm with that intent. The count in the indictment pleads one or the other, not both. In practice, wounding is only charged in a count of s18 if the wound is serious; stabbing someone with a blade, for example. Nearly always , such a wound causes grievous bodily harm anyway, but, nonetheless it is charged it as s18 wounding Our Victorian ancestors thought that stabbing somebody with a blade and with that intent was so serious that it should be treated as just as serious as causing them grievous bodily harm with intent, whether or not grievous bodily harm resulted from the assault.We still think so today. If your assaliant used a knife, he'd be on a s18 wounding, if he used an ashtray or other blunt instrument, he'd be on a s18 gbh .

If you look at the Infant Life (Preservation ) Act you will see that there is a presumption that a woman who is 28 weeks pregnant is carrying a child capable of being born alive. That may simplify your story, from a legal point of view, in case you were considering such a gynaecological or obstetric detail !

[clueless_cat]

Thank you Fred!

It might make things more difficult with the pregnancy thing as I was thinking pre 24 weeks... which looking into makes it possibly foeticide or illegal abortion. In some cases there is only a charge relating to the woman's injuries and not the child but this seems to be in more unintentional cases. At least, reading one story about a pregnant lady being run over and killed, this seemed to be the case. I'm sure if the intent was to kill the foetus, even before the 24 week cut off, that would have to be taken into account somehow.