GBH

Question 1

what is the definition of GBH?

Answer 1

• defined in S.20 0APA 1861 as ‘Unlawfully and maliciously wound or inflict any grievous bodily harm’
• either way offence with max sentence of 5 years imprisonment

Question 2

what is the actus reus for GBH?

Answer 2

must be an;

• unlawful wounding and/or
• unlawful infliction of GBH

Question 3

what is the first step

and cases of GBH?

Answer 3

• 1(a)-wounding
• both layers if skin are broken
• (JCC v Eisenhower)-‘break in the continuity of the skin’
• 1(b)-GBH
• (Saunders)-GBH means serious harm
• (Burstow)-serious psychiatric harm
• (Bollom)-if v vulnerable
• (Brown and Stratton)-if v suffers multiple minor injuries which if taken together amounts to serious harm, this will be GBH

Question 4

what is the second step of GBH?

Answer 4

causation

Question 5

what is the third step and cases of GBH?

Answer 5

mens rea-did d intend or was he subjectively reckless to inflict some harm

• (Cunningham)-must intend or be sr
• (Mowatt)-only need intent or sr for some harm, not serious harm
• (Parmenter)-d must forsee that he might cause some harm