GBH S.18 + S.20

Question 1

Can the D be liable for both S.18 and S.20 of GBH?

Answer 1

No the D can only be liable for one

Question 2

What is the definition for S.20 and what act is relevant?

Answer 2

Definition of S.20 GBH - Offences against the persons act 1861- “inflicting a wound, or grievous bodily harm injuries with the intention or recklessness to inflict some harm”

Question 3

What is the definition for S.18 and what case is relevant?

Answer 3

Definition of S.18 - Offences against persons act 1861 - “inflicting a wound, or grievous bodily harm injuries, with the intention to inflict GBH, or resist arrest”

Question 4

What must the D inflict? What is a wound and what is the case for that?

Answer 4

The D must inflict a wound or GBH injuries. A wound is a break in both layers of the skin (dermis and epidermis) - Eisenhower.

Question 5

What is the quote for GBH injury and what is the case for that?

Answer 5

GBH injury is “nothing more or nothing less that a really serious harm” and the case is DPP v Smith.

Question 6

What is the side rule for brown and stratton?

Answer 6

The side rule is an accumulation of injuries that can amount to GBH when taken together.

Question 7

What is the case for the side rule vulnerable victim, the injuries are seen as more serious?

Answer 7

Bollom

Question 8

What is the mens rea for S.20?

Answer 8

The mens rea is the intention (Mohan) or recklessness (Cunningham) to inflict some harm (Mowatt)

Question 9

What is the mens rea for S.18?

Answer 9

The mens rea for S.18 is the intention (Mohan), to inflict GBH injures, or intention to resis arrest (Morrison/Mowatt)