GBH S.18 & S.20 (done) Flashcards
Where does the law for GBH/Wounding come from?
Grievous Bodily Harm (GBH) or Wounding are set out in sections 20 and 18 of the Offences Against the Person Act 1861
What is the actus reus for GBH/Wounding?
The actus reus of both offences is the same; D must cause GBH or Wounding (Lewis)
What are the 4 elements which are applied in the actus reus of GBH?
1) Meaning of GBH
2) V’s age and health
3) Psychological damage (if relevant)
4) Disease (if relevant)
What is the meaning of GBH?
GBH means really serious injury (DPP v Smith) such as the 2 broken legs suffered by V in Lewis.
Why is V’s age and health used when applying GBH?
The courts must look at V’s age and health when deciding if the injury is sufficiently serious (Bollom)
Can psychological damage amount to GBH?
The case of Burstow confirmed that psychological trauma can amount to serious bodily harm if it is sufficiently serious
Can disease amount to GBH?
Case of Dica confirmed that a disease can amount to GBH if it is sufficiently serious
Define wounding
Wounding requires a cut or break in two layers of skin (Eisenhower)
What must be proven after the actus reus?
Causation must be self evident in both fact and in law (Pagett/Jordan)
What is the men’s Rea for a s18 GBH/wounding?
The men’s Rea for a s18 is specific intention (direct or oblique) to cause GBH or Wounding (Belfron)
What is the men’s Rea for a s20 GBH/wounding?
The men’s Rea for a s20 is direct intention (Mohan) or subjective recklessness (Cunningham) to cause some harm but not serious harm (Dica)
Define direct intention for a s18
It’s D’s main aim or purpose to cause serious harm/wounding (Mohan)
Define oblique intention for a s18
It was arguable that D foresaw serious harm/wounding as a virtual certainty (Woolin)
Define direct intention for a s20
It was D’s main aim or purpose to cause some harm but not serious harm (Mohan)
Define subjective recklessness for a s20
D arguably realised the risk of causing harm to V but took that risk anyway (Cunningham)
What is the max sentence for a s18 GBH/wounding?
Max sentence for a s18 GBH/Wounding with intent is a sentence to life imprisonment
What is the max sentence for a s20 GBH/wounding?
Max sentence for a s20 GBH/wounding is a maximum of 5 years imprisonment
What is order for the answer plan of s18/20 GBH/wounding?
1) Briefly refer to incident and offence
2) Define actus reus
3) Apply actus reus
4) Causation
5) Define men’s Rea
6) Apply men’s Rea
7) Conclude liability
8) Refer to max sentence
