GBH Flashcards
Cases, POL's + Acts/Section numbers for GBH S.18 and S.20
What is the act and section number for GBH with intent?
Section 18 - Offences against the person act 1861
What is the act and section number for GBH without intent?
Section 20 - Offences against the person act 1861
What is the definition of GBH?
Unlawful wounding causing GBH with or without intent
What is the POL from C vs Eisenhower?
The rupturing of blood vessels internally is not a wound
What is the POL from DPP vs Smith (GBH)?
GBH is ‘really serious’ harm and is a question of fact for the jury
What is the POL from R vs Saunders?
There is no difference between serious and really serious harm
What is the POL from R vs Brown & Stratton?
A combination of injuries can amount to GBH
What is the POL from R vs Bollom?
The court can take into consideration particular characteristics (Age + Health) to decide if the injuries amount to GBH
What is the POL from R vs Burstow?
Psychiatric injury can amount to GBH
What is the POL from R vs Dica?
It is possible to inflict biological GBH
What is the Mens Rea for Section 20 GBH?
Cunningham Recklessness - The defendant knew there was a risk but took it anyway
What is the POL from R vs Mowatt?
Foresight of some physical harm only is required
What is the POL from R vs Parmenter?
No intention was established as he didn’t appreciate that any harm was possible
What is the POL from R vs Grimshaw?
She had foreseen that he would suffer some harm but GBH wasn’t her intent/aim/purpose
What is the POL from DPP vs A?
Only has to foresee that some harm might occur, not that it will occur
What is the Mens Rea for Section 18 GBH?
With intent - either direct or indirect
What is the POL from R vs Matthews & Alleyne?
Nedrick test used by the jury to assist them
What is the Nedrick Test?
The jury has to consider if ‘the defendant appreciated that death or GBH was a virtual certain consequence of his/her actions’?
What case confirmed the Nedrick Test?
R vs Woolin
