GBH

Question 1

GBH - Act

Answer 1

S18 or s20 OAPA 1861

Question 2

GBH - Definition

Answer 2

D must unlawfully and maliciously wound or inflict GBH

Question 3

GBH - AR

Answer 3

Wounding (Moriaty v Brookes)
GBH (DPP v Smith)

Question 4

GBH - Causation

Answer 4

Factual (White)
Legal (Smith)
Intervening acts:
~ act of 3rd party (Smith)
~ medical negligence (Cheshire)
~ v’s own actions (Roberts)

Question 5

GBH - MR

Answer 5

S18 direct intent (Belfon) up to life in prison
Or
S20 intent to cause “some harm” (Mohan)
Recklesssness to cause “some harm” (Cunningham) 5-7 year in prison

Question 6

GBH

Answer 6

Really serious harm (DPP v Smith)
Bruising a baby can be GBH (Bollam)
Less injuries combined is GBH (Brown & Stratton)
Biological harm can be GBH (Dica/Goulding)
Serious psychiatric harm/harm can be indirect (Burstow)
Require hospital treatment Dugdale & Furmstone

Question 7

Wounding

Answer 7

A break to the 2nd layer of skin (Moriaty v Brookes)
Does not clued internal injuries unless the cause bleeding outside of the body (JCC v Eisenhower)
Can include dog bites if D had MR (Dume)