GBH Flashcards
As per s.20 of the OAPA for GBH to be proven what must the victim show ?
That the defendant wounded or inflicted GBH
What does a wound mean ?
A cut or break in the continuity of the whole skin
Does grievous bodily harm mean life threatening ?
no so long as the harm is ‘really serious’
Does inflicting mean technical assault & battery ?
no
What’s the MR of GBH in terms of intention ?
intending to do the particular type of harm that was done
What’s the MR of GBH in terms of recklessness ?
Being reckless as to weather such harm should or should not occur
In what two ways can the AR of s.18 be committed ?
wounding or causing GBH
What type of offence is GBH ?
Specific intent offence
for s.18 what must be proven about what the defendant intended ?
Intended to cause some GBH or resisting /preventing lawful apprehension
Where the defendant is attempting to resist arrest is the MR or level of intention lower or higher ?
lower
What happened in DPP V Smith (1961)
policeman tried to stop D from driving off with stolen goods by jumping on to the bonnet of the car. D zigzagged in order to get the police office off the car. The policeman was knocked onto the path of an oncoming car and killed