GBH (Grievous bodily harm) Flashcards
What section is GBH under in the OAPA 1861?
Section 20.
What is the key definition for GBH?
Serious harm and can cover a wide range of injuries.
What is the Actus Reus for GBH?
Wounding or inflicting grievous bodily harm
What is the Mens Rea for GBH?
intention or recklessness as to some harm
What does wounding require?
A break in the surface of the skin to cause blood loss, such as an open wound.
What happened in JCC v Eisenhower?
The victim took an air-gun pellet to the eye and suffered bruising and internal bleeding but it was not wounding as there was no breaking of the layers in the eye.
What happened in Brown and Stratton?
Lot’s of little ABH’s such as breaking noses, losing teeth and causing concussion’s can amount to a GBH. (father beat his transsexual son at market with his cousin)
What happened in Parmenter?
The defendant did not realise that tossing his young baby in a away that he does to older children will cause some harm. the courts held he was no liable as he had not foreseen risk.
