GBH

Question 1

Where is GBH contained

Answer 1

Offences against the persons act 1861, section 20 or 18

Question 2

What is GBH defined as

Answer 2

Wounding or inflicting Grievous bodily harm with or without a weapon where wounding means a break in the continuity of skin and grievous means serious - DPP v Smith

Question 3

DPP v Smith

Answer 3

Decided grievous was serious as the level of injury was said to be serious

Question 4

R v Burstow

Answer 4

GBH can include serious “psychiatric injury” as decided in this case where D suffered severe depression from being stalked.

Question 5

AR of GBH

Answer 5

Unlawfully inflicting grievous bodily harm or wounding(C v Eisenhower)

Question 6

Mens rea of GBH s20

Answer 6

Intent or recklessness where recklessness simply requires the D was subjectively reckless as to some harm occurring as a result of their actions - R v Mowatt

Question 7

Mens Rea of GBH s18

Answer 7

Intention or intention to resist arrest - R v Taylor

Question 8

C v Eisenhower

Answer 8

It was ruled that a wound required a break in the skin

Question 9

R v Mowatt

Answer 9

Intention or recklessness will suffice and defendant should have forseen consequences to his actions

Question 10

R v Taylor

Answer 10

D could be convicted for GBH under section 18, as the intent to cause serious harm was evident from the use of a weapon