GBH ( Grievous Bodily Harm)

Question 1

How many stages are there in determining liability for GBH or wounding?

Answer 1

There are 4 stages:
1. Issue – Identify what the D has done (GBH, wounding, or both).
2. Actus Reus – Define and apply wounding or GBH + causation.
3. Mens Rea – Determine D’s intention (S.18: serious harm, S.20: some harm).
4. Conclusion – Decide if D is liable under S.18 or S.20.

Question 2

What is the first step in determining liability for GBH or wounding?

Answer 2

Identify what the D has done—have they committed GBH, wounding, or both?

Question 3

What statute covers GBH and wounding?

Answer 3

S.18 & S.20 Offences Against the Person Act 1861.

Question 4

What is the key difference between S.18 and S.20?

Answer 4

The Actus Reus is the same; the difference lies in the Mens Rea.

Question 5

What is a wound in law?

Answer 5

A break in the continuity of the skin (Eisenhower, Wood).

Question 6

What is GBH?

Question 7

What are some examples of GBH injuries?

Answer 7

Multiple minor injuries(R v Brown & Stratton)
Severe psychiatric injury (R v Burstow ).
Broken bones.(R v Saunders)
HIV (R v Dica )

Question 8

Causation

Answer 8

The ‘but for’ test (R v Pagett, White)
.
Operating & substantial cause; more than minimal but not total (R v Kimsey. .

Question 9

What is the Mens Rea for S.18?

Answer 9

Intention to cause really serious harm (R v Morrison).

Question 10

What is the difference between direct and indirect intention for S.18?

Answer 10

• Direct intention: D aims to cause serious harm (Mohan).
• Indirect intention: The harm was a virtual certainty (Woollin).

Question 11

What is the Mens Rea for S.20?

Answer 11

Intention to cause some harm (R v Parmenter).