GBH Flashcards
What must be identified first in a scenario involving GBH or wounding?
The issue of what the D has done
Which statute governs GBH and wounding?
S.18/S.20 Offences Against the Person’s Act 1861
What is the same for both GBH and wounding offences?
The AR (Actus Reus)
What differentiates GBH from wounding?
The MR (Mens Rea)
What does AR stand for?
Actus Reus
What are the two components of the AR for GBH or wounding?
1) Wound and/or 2) GBH
What is a wound defined as?
Break in the continuity of the skin (Eisenhower, Wood)
What should be discussed if there is a wound in a scenario?
The injuries sustained by the V
What constitutes GBH?
Serious harm (R v Saunders)
Provide examples of injuries that can qualify as GBH.
Multiple minor injuries, severe psychiatric injury, broken bones
What is the factual causation test referred to as?
‘But for’ test (R v Pagett/White)
What constitutes legal causation?
Operating and substantial cause, more than minimal cause
What is the intention required for S.18?
Intention to cause really serious harm (R v Morrison)
What type of intention is required for S.20?
Intention to cause some harm (R v Parmenter)
What is direct intention as defined in legal terms?
Direct intention to bring about a specific outcome (Mohan)
What is indirect intention as defined in legal terms?
Indirect intention that the injuries suffered were a virtual certainty (Woollin)
Fill in the blank: The AR for both offences are the same, it is the MR which _______.
differentiates between the two
What should be considered when applying causation in a scenario?
Any intervening acts, if relevant
