GBH S18 + S20 Flashcards
What is the actus reus for GBH under Section 20?
The jury must decide whether it is:
- Unlawful wounding
- Inflicting GBH
How is a ‘wound’ defined in GBH cases?
A wound is a break in the continuity of the skin where all layers must be broken, and blood must flow freely (Moriarty v Brookes). An internal rupture of blood vessels is NOT a wound.
What case defines GBH as ‘real serious harm’?
DPP v Smith defines GBH as ‘real serious harm’.
Can multiple smaller injuries amount to GBH? If so, which case supports this?
Yes, R v Brown and Stratton states that multiple smaller injuries can collectively amount to GBH.
What is the definition of GBH under Section 20?
Whoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person, either with or without a weapon or instrument, shall be liable to up to 5 years imprisonment.
What is the mens rea for GBH under Section 20?
Maliciously – Can be either intention or subjective recklessness (R v Savage).
What does ‘maliciously’ mean in the context of GBH S20?
It means the intention or foresight of some harm (not necessarily the exact wound that was inflicted).
What is grievous bodily harm (GBH)?
GBH refers to a level of physical or psychiatric harm suffered by the victim that is more serious than actual bodily harm (ABH).
What is the definition of GBH under Section 18?
Whoever shall unlawfully and maliciously wound or cause any grievous bodily harm with intent to do some grievous bodily harm to any person, or with intent to resist or prevent lawful apprehension, shall be liable to imprisonment for life.
How does GBH S18 differ from GBH S20?
The actus reus is the same, but S18 requires specific intent to cause GBH or resist arrest.
What type of offence is GBH under Section 18?
It is an indictable-only offence.
What case states that the defendant must see GBH as a virtual certainty of their actions?
R v Woollin.
Can GBH be caused by direct or indirect intention?
Yes, GBH can be caused by direct or indirect intention.
What case discusses the intention to cause GBH or resist arrest?
R v Mohan.
