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