Criminal Law - Serious Offences Against the Person

Question 1

Grievous Bodily Harm (GBH)

Answer 1

• Section 20 and 18 of the Offences Against the Person Act 1861
• Actus reus: cause a wound or cause GBH
• Wound: both layers of skin broken
• GBH: requires serious harm (determined objectively)
• Wounding or causing of injury must be unlawful

Question 2

Mens Rea of s.20 GBH

Answer 2

Intention or recklessness regarding causing some harm

Question 3

Mens rea of s.18 GBH

Answer 3

• Intention to cause serious harm or foresee the risk of some harm **and ** intend to resist lawful apprehension
• Recklessness not available for s.18

Question 4

Consent

Answer 4

As a general rule a victim cannot consent to injury

For consent to be a valid defence to ABH, GBH s.20 or GBH s.18 the victim’s consent:

1. Must be expressed or implied to the defendant in a legally recognised manner
2. Must be effective and the victim must have capacity, freedom and information to make a choice
3. Must come within a legally recognised category

Question 5

When consent is defence to injury

Answer 5

• Surgery
• Body modification (e.g. tattoos and piercings)
• Religious practice (e.g. circumcision)
• Sporting activities (unless a player intentionally causes injury)
• Horseplay
• Sexual gratification (an offence to intentionally infect another with a STD if the other party is not aware, courts have also held that certain sadomasochistic practices can be prosecuted)