GBH Flashcards

Cases, POL's + Acts/Section numbers for GBH S.18 and S.20

1
Q

What is the act and section number for GBH with intent?

A

Section 18 - Offences against the person act 1861

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2
Q

What is the act and section number for GBH without intent?

A

Section 20 - Offences against the person act 1861

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3
Q

What is the definition of GBH?

A

Unlawful wounding causing GBH with or without intent

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4
Q

What is the POL from C vs Eisenhower?

A

The rupturing of blood vessels internally is not a wound

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5
Q

What is the POL from DPP vs Smith (GBH)?

A

GBH is ‘really serious’ harm and is a question of fact for the jury

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6
Q

What is the POL from R vs Saunders?

A

There is no difference between serious and really serious harm

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7
Q

What is the POL from R vs Brown & Stratton?

A

A combination of injuries can amount to GBH

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8
Q

What is the POL from R vs Bollom?

A

The court can take into consideration particular characteristics (Age + Health) to decide if the injuries amount to GBH

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9
Q

What is the POL from R vs Burstow?

A

Psychiatric injury can amount to GBH

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10
Q

What is the POL from R vs Dica?

A

It is possible to inflict biological GBH

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11
Q

What is the Mens Rea for Section 20 GBH?

A

Cunningham Recklessness - The defendant knew there was a risk but took it anyway

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12
Q

What is the POL from R vs Mowatt?

A

Foresight of some physical harm only is required

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13
Q

What is the POL from R vs Parmenter?

A

No intention was established as he didn’t appreciate that any harm was possible

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14
Q

What is the POL from R vs Grimshaw?

A

She had foreseen that he would suffer some harm but GBH wasn’t her intent/aim/purpose

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15
Q

What is the POL from DPP vs A?

A

Only has to foresee that some harm might occur, not that it will occur

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16
Q

What is the Mens Rea for Section 18 GBH?

A

With intent - either direct or indirect

17
Q

What is the POL from R vs Matthews & Alleyne?

A

Nedrick test used by the jury to assist them

18
Q

What is the Nedrick Test?

A

The jury has to consider if ‘the defendant appreciated that death or GBH was a virtual certain consequence of his/her actions’?

19
Q

What case confirmed the Nedrick Test?

A

R vs Woolin