GBH Flashcards
definition s.18 GBH
MORE SERIOUS
s.18 GBH- Offences Against the Persons Act 1861- “Inflicting a wound, or grievous bodily harm injuries, with the intention to inflict GBH, or resist arrest”.
•Intention to cause SERIOUS injury (mens rea).
definition s.20 GBH
LESS SERIOUS
s.20 GBH- Offences Against the Persons Act 1861- “Inflicting a wound, or grievous bodily harm injuries, with the intention or recklessness to inflict some harm”.
• Intention to cause SOME injury (mens rea).
what is stage 1 of GBH?
1) D must inflict a wound OR GBH injuries.
• EISENHOWER - A wound is a break in both layers of the skin (dermis and epidermis).
Tip = Any wording that makes the wound sound more serious is an example of GBH wounds.
what is stage 2 of GBH?
2) DPP v SMITH- A GBH injury is “Nothing more or nothing less than really serious harm, but it does not have to be life threatening”.
• GBH injuries: broken bones, injuries requiring lengthy treatment, substantial blood loss, etc.
what are the side rules?
SIDE RULE: Accumulation of less serious (ABH) injuries can amount to GBH when taken together - BROWN & STRATTON.
SIDE RULE: When assessing the seriousness of the injuries you are allowed to take into account the V’s age and health (vulnerable victim) - BOLLOM.