GBH

Question 1

What is the definition of GBH?

Answer 1

Really serious harm that does not need to be permanent or dangerous.

Question 2

How is harm asssessed?

Answer 2

Depending on the characteristics of the V - including age and health (R V Bollom)

eg. an injury may be viewed as more dangerous if it is against a baby.

Question 3

What are the types of harm under GBH?

Answer 3

Physical or mental. (R V Burstow)
Can be biological - transmission of HIV/AIDS (R V Dica).

Question 4

What is wounding?

Answer 4

A wound breaks the dermis and epidermis of the skin
Internal bleeding is not a wound (JCC V Eisenhower)

Question 5

What is S20 Mens rea?

Answer 5

‘Maliciously’
Intentionally or recklessly inflicting GBH.
It is enough that the D foresaw some physical harm towards the person.

Question 6

What is S18 Mens rea?

Answer 6

‘Causing’
Aim desire or purpose to bring about the GBH.
Higher level of mens rea
Intention to wound won’t satisfy the whole mens rea - must be intent to wound and intent to cause GBH by doing this (R V Taylor).