GBH Flashcards
What Act is Grievous Bodily Harm under?
OAPA 1861
What is the definition of GBH and the case that sets it out?
DPP V Smith- ‘really serious harm’ but it doesn’t have to be life threatening
What did R V Saunders add to the definition of GBH ?
can be serious harm doesn’t have to be REALLY serious
What type of injury can be GBH & case?
physical- Bollom
psychiatric- Burstow
biological- Dica
How can Vs age and health be relevant in GBH?
injuries to child or elderly will be more serious than a strong healthy adult
What else does Bollom establish about Vs age/health?
anyone other than a strong helaltyb adult are deemed to be vulnerable adults
What does Brown &. Stratton say can count as GBH ?
a collection of relatively minor injuries
As GBH is a result crime what must be proven ?
causation
explain factual causation ?
but for test (White/Pagett)
explain both factors of legal causation ?
de minimus- more than minimal cause (Kimsey)
O+S- most blameworthy? ( Smith/ Cheshire)
What are the NAIs ?
own act- (Roberts/Williams & Davis)
V self neglect- (Holland/Wallace)
3rd 🥳- (Pagett)
wrong 🏥- (Jordan/Smith)
TSR- Blaue
What does the MR of GBH determine?
wether it’s a s.20 or s.18 offence
What is a s.20 offence?
intentionally/recklessly commits some harm albeit not serious harm
What is a s.18 offence ?
if intend only to cause really serious harm to V
What did R V Mowatt say about s.20 offences ?
D doesn’t need to foresee serious injury just some injury ?
What case says that s.18 can be direct or oblique but recklessness isn’t enough?
R V Belfron
What is max sentence of s.20 GBH?
up to 5 years
What is max sentence of a s.18 GBH?
up to life
