GBH S.18

Question 1

Definition

Answer 1

AR- wounding or causing GBH

MR- intent to cause serious harm or resist arrest

Question 2

Moloney

Answer 2

D and his step farther engaged in drunk competition to see who could load shotgun faster. D killed farther.
Held knowledge of forsight if consequences of an action were to be considered

Question 3

Nedrick

Answer 3

D poured parafin through letter box causing fire and child’s death.
Held there was a 2 set test for jury: how probable was consequence which resulted from D’s voluntary act?
Did D foresee consequence

Question 4

Woolin

Answer 4

D threw baby towards pram against wall, baby died.

Held lord stated 2 questions in nedrick were not helpful and the word ‘find’ should be used rather than the word ‘infer’

Question 5

Morrison

Answer 5

Police entered D’s house. D broke window and dragged officer through it causing injuries.
Test for recklessness for all offences against the person is a subjective one.

Question 6

A03- difference between s.18 and 20

Answer 6

S.18 refers to a ‘felony’ and s.20 a ‘misdemeanour’ shows different severity or how injury is caused.
Both wounding and GBH have same meaning and whose under s.20 the word ‘cause’ is taken as synonymous with ‘inflict’

Question 7

A03- s.18 resisting arrest

Answer 7

This should be put in for s.20. ‘Malicious’ only bares relevance when causing reckless harm to a police officer

Question 8

A03- Law commissions referal

Answer 8

Referred to old sections 18,20,47 as ‘injury offences’

Question 9

A03- reform

Answer 9

Law commission suggested GBH is replaced.m by a more definable ‘serious injury’ to matter for the jury to decide.

Question 10

A03- reform, different offences

Answer 10

1. Intentionally causing serious injury- max life
2. Recklessly causing serious injury- 7 years
3. Intentionally or recklessly causing injury- 5 years