GBH (s.20 and s.18) Flashcards
What are these offences defined in?
Offences Against the Person Act 1861
What is the AR for GBH?
To inflict GBH
What did DPP V Smith define GBH as?
Really serious harm
What did the case of Bollom? define?
The severity of the injuries will be assessed according to the victims age and health
e.g. Bruising a baby is more severe than bruising an adult
What does the term ‘bodily’ include?
includes an injury that is physical, psychiatric (Burstow) or deliberate infection of a serious disease (Dica)
What is the MR for s.20 GBH?
Intention or recklessness as to causing some harm
What is the held for the case of Parmenter?
D’s conviction moved to s.47 ABH
For s.20, D must appreciate there was risk of some harm and to take that risk
What is the MR for s.18 GBH?
Intention to cause GBH
What is the legal principle that came from Morrison?
D must intend to resist or prevent arrest and only be reckless as to whether his actions would cause a wound or injury