GBH- paper 1

Question 1

what section is GBH found

Answer 1

either s.20 or s.18 of the OAPA 1861

Question 2

actus reus of GBH

Answer 2

to inflict/ cause GBH on a person

Question 3

definition of GBH + case

Answer 3

DPP v Smith
- must be really serious harm
- does not have to be life threatening

Question 4

what counts as GBH + cases

Answer 4

• psychiatric harm (R v Burstow)
• biological harm (R v Dica)
• accumulation of minor injuries (R v Brown and Stratton)
• indirectly so traps (R v Martin)

Question 5

what is considered when deciding if something is GBH + case

Answer 5

R v Bollom
- age and health are factor to be considered when deciding if injuries are severe enough to be GBH.

Question 6

types of causation D must have + cases

Answer 6

• legal causation using operative and substantial cause test (R v Smith)
• factual causation using but for test (R v Pagett)

Question 7

s.20 mens rea of GBH + case

Answer 7

Direct intent or recklessness to cause some harm (R v Mowatt)

Question 8

s.18 mens rea of GBH + case

Answer 8

Direct or indirect intent to cause really serious harm (R v Belfon)

Question 9

rule on s.18 alternative mens rea

Answer 9

causing GBH with intention to resist arrest and intention or recklessness to cause some harm

Question 10

when should s.18 alternative mens rea be used

Answer 10

if D caused GBH whilst attempting to escape a police officer