GBH

Question 1

What Act is GBH found in?

Answer 1

Offenses Against the Person Act 1861

Question 2

What is s20 GBH’S AR and MR?

Answer 2

AR - wound/GBH
MR - Intention/recklessness to cause some harm

Question 3

What is s18 GBH’s AR and MR?

Answer 3

AR - wound/GBH
MR - Intention to cause really serious harm

Question 4

What is a Wound?
- With establishing case
- with supporting cases

Answer 4

A break to the continuity of the whole skin (both layers)
- Moriarty v Brooks

• R v Wood
• R v Eisenhower

Question 5

what is AR GBH

Answer 5

Really serious harm - DPP v Smith

-psychiatric - R v Burstow
- biological - R v Dica
- several ABH’s - Brown v Stratton
- small injury to vulnerable ppl - R v Bollam

Question 6

What is the MR for s20 GBH?
- with supporting cases

Answer 6

Intention or recklessness as to cause some harm
- R v Savage

• D desire to cause some harm - R v Mohan
• There’s risk of harm and D realises it - R v Cunningham

Question 7

What is the MR for 218 GBH?
- with supporting cases

Answer 7

Intention to cause really serious harm
- R v Belfon

• Really serious harm is virtual certainty and D realises this - R v Woolin

Question 8

What type of offense is s20 and what are the sentencing rules for it?

Answer 8

Triable either way offense
Maximum 5 years on indictment

Question 9

What type of offense is s18 and what are the sentencing rules for it?

Answer 9

Indictable offense
Maximum life imprisonment