Crininal Law - S20 + S18 OAPA 1861 Flashcards
Wounding or inflicting GBH - S20 OAPA 1861
Malicious wounding or inflicting GBH
Wounding or causing GBH WITH intent - S18 OAPA 1861
Malicious wounding or causing GBH with intention to do so
Wounding definition
Refers to injuries that bleed outside of the body
Wounding / Moriarty v Brookes
A wound is a break to the second layer of the skin
Wounding/ Eisenhower
Internal injuries aren’t wounds
An internal cavity that bleeds outside of the body is a wound
Wounding/ Dume
D may cause a wound through indirect contact
GBH Grievous bodily harm
Really serious harm - DPP v Smith
GBH / Dugdale and furmstone
GBH would require hospital treatment
GBH/ Burstow (2)
Serious psychiatric harm counts as GBH.
There doesn’t have to be any contact between D and V for there to be GBH
GBH - Dica/Goulding
Biological harm can be GBH
GBH / Brown and Stratton
Several less serious injuries combined can amount to GBH
Mens Rea for S20 (Savage)
D has intention or recklessness for some injury, D does not need to intend or risk any serious injury to be guilty under S20 (Savage)
Mens Rea for S18 (Belfon)
D must intend serious harm. Recklessness is not enough to be guilty under S18 (Belfon)