GBH

Question 1

All steps?

Answer 1

Act + definition
1) AR either
GBH/Wounding
2) Causation
3) AR of ABH
4) MR
5) Conclusion

Question 2

Intro is…?

Answer 2

Act + Definition

Question 3

Act for GBH?

Answer 3

s20/s18 Offences Agasint The Person Act

Question 4

Definition of GBH+ case?

Answer 4

D must unlawfully and maliciously wound or inflict grevious bodily harm

Question 5

Step 1?

Answer 5

AR for GBH or Wounding

Question 6

5 things for step 2 + cases?
(GBH)

Answer 6

A) GBH is really serious harm (DDP v Smith)
B) Serious psychiatric harm is GBH and GBH can be indirect. (R v Burstow)
C) Biological harm (R v Dica - HIV)
D) Bruising to a baby can be GBH (R v Bollom)
E) Several less serious injuries combined can be GBH (R v Brown and Stratton)

Question 7

3 things for step 1 + cases?
(Wounding)

Answer 7

A) A break to the second layer of the skin (Moriarty v Brookes)
B) Does not include internal injuries unless they cause bleeding outside the body. (JCC v Eisenhower)
C) Can include dog bites if D also has MR (R v Dume)

Question 8

What is Step 2?

Answer 8

Causation

Question 9

4 things for step 2 + cases?

Answer 9

A) Factual - “but for” ds actions harm would not have occured. (R v White)
B) Legal - more than a minimal and is the operating and substantial cause of Vs injuries/death.
C) Intervening acts -
Act of a third party - Smith
Medical Negligence - Chesire
Vs own actions - Roberts
Act of God
D) Thin skull rule (Blaue)

Question 10

Step 3?

Answer 10

MR

Question 11

1 thing for step 3?
(s18)

Answer 11

Direct intention to cause GBH - D has the desired outcome (R v Belfon)

Question 12

2 thing for step 3?
(s20)

Answer 12

Intention to casue some harm - (Mohan/Woolin)
Recklessness to cause some harm - D relasies risk and takes it anyway (Cunningham)

Question 13

What 2 things do you mention if applicable + cases?

Answer 13

Transferred malice (Latimer) and couincidence rule (Mitchell).

Question 14

Step 4?

Answer 14

Is D criminally liable or not?