GBH Flashcards
D may be liable for…
S18 or S20 GBH (only choose one)
S20-
OAPA 1861-“inflicting a wound or GBH injuries with intention or recklessness to cause SOME harm”
S18-
OAPA-“Inflicting a wound or GBH injuries with intention to inflict GBH or resist arrest”
ACTUS REAS (same for both)
D must inflict a wound or GBH injury.
A wound is…
A break in both layers of the skin (dermis and epidermis)-Eisenhower
A GBH injury is…
“Nothing more or nothing less than really serious harm” (DPP v Smith)
Side rule:
Accumulation of injuries can amount to GBH when taken together (brown/stratton)
Mens rea for S20
Intention or recklessness to inflict SOME harm
Mens Rea for S18
Intention to inflict GBH injuries or resist arrest (Morrison/Mowatt)