GBH / GRIEVOUS BODILY HARM Flashcards
ACT
S20 or S18 Offences Against the Persons Act 1861
DEFINITION
D must unlawfully and maliciously wound or inflict grievous bodily harm
GBH usually requires hospital treatment & which section a person is tried for depends on the MR
GBH - ACTUS REUS
- GBH = REALLY SERIOUS HARM (DPP v Smith)
- Serious psychiatric harm is GBH, and GBH can be indirect (R v Burstow)
- Biological harm (R v Dica, R v Goulding)
- Bruising to a baby can be GBH (R v Bollom)
- Several less serious injuries combined can be GBH (R v Brown & Stratton)
WOUNDING
A wound is an injury causing bleeding outside the body
- A break to the second layer of the skin (Moriarty v Brookes)
- Does not include internal injuries unless they cause bleeding outside the body (JCC v Eisenhower)
- Can include dog bites if D also has mens rea (R v Dume)
CAUSATION
Factual : D will only be liable if the consequences would not have happened ‘but for’ their unlawful act or omission - ‘but for’ D’s actions V would not have suffered injury/ death (R v White)
Legal : D has caused the unlawful outcome if his conduct contributes to it in a more than minimal way and is the operating and substantial cause of the V’s injuries/ death (R v Smith)
ACTUS NOVUS INTERVENIENS
- Act of a third party: operative & substantial cause (R v Smith)
- Medical negligence: must be ‘extra ordinary’ (R v Cheshire)
- V’s own actions: if reasonably foreseeable (R v Roberts)
- Act of god: natural and unpredictable event
Thin skull rule - take V as they find them (R v Blaue)
For D to be guilty there must be no break in the chain of causation
MENS REA
S18 - Direct intent to cause GBH - D has desired outcome in mind (R v Belfon)
S20 - Intention to cause some harm : D realises risk and takes it anyway (R v Cunningham)
TRANSFERRED MALICE
D can be liable if they have the MR for crime against unintended V - MR will be transferred (R v Latimer) ONLY for the same offence (R v Mitchell)
COINCIDENCE ?
