GBH

Question 1

Where is GBH defined?

Answer 1

s20 or s18 of the Offences Against the Person Act 1861

Question 2

What is the actus reus of GBH?

Answer 2

To inflict/cause grievous bodily harm on a person

Question 3

Case law for definition of GBH

Answer 3

DPP v Smith - ‘really serious harm’, but not life-threatening.

Question 4

Case law for psychiatric harm

Answer 4

R v Burstow - GBH can be serious psychiatric harm (i.e. clinical depression)

Question 5

Case law for biological harm

Answer 5

R v Dica - GBH can be serious biological harm

Question 6

Case law for accumulation of minor injuries

Answer 6

R v Brown and Stratton - GBH can be an accumulation of more minor injuries

Question 7

Case law for Age and Health consideration

Answer 7

R v Bollom - Age and health are factors that can be considered when deciding whether the injuries are serious enough to be GBH.

Question 8

Case law for indirect GBH

Answer 8

R v Martin - GBH can be committed indirectly

Question 9

Mens rea for GBH (s20)

Answer 9

Direct intention (Mohan) or Recklessness (Cunningham) to cause some harm - R v Mowatt

Question 10

Mens rea for GBH (s18)

Answer 10

Direct (Mohan) or Oblique Intention (Woollin) as to cause really serious harm - R v Belfon