GBH - Section 18 and 20

Question 1

What is the actus reus for s 20 offence of malicious wounding or inflicting GBH?

Answer 1

D must either wound or inflict GBH

Question 2

What is a wound?

Answer 2

Both layers of the skin, the dermis and epidermis must be broken.

As long as this is the case, the wound need not be severe.

Question 3

What does infliction mean in terms of inflicting GBH?

Answer 3

It means causing

Question 4

Can GBH be inflicted without an assault being committed?

Answer 4

Yes

Question 5

Can psychiatric injury amount to GBH?

Answer 5

Yes if sufficiently serious, may need to be proved by expert

Question 6

What does GBH mean?

Answer 6

Really serious harm or just serious harm

Question 7

What should be taken into account when deciding is harm amounts to serious harm for GBH?

Answer 7

• should consider the effect of the injuries on the victim, taking into account the victim’s age and health
• should consider the totality of the injuries - multiple cuts and bruises may seem insignificant but as a whole could result to serious harm

Question 8

What kind of injuries will amount to GBH?

Answer 8

• permanent loss of sensory function
• permanent disability
• broken bones
• fractured skull
• substantial blood loss

Question 9

What mens rea is required s 20 offence?

Answer 9

D must intend or be reckless as to the causing of some harm

Question 10

What is intending or being reckless as to the causing of some harm?

Answer 10

D must foresee that some physical harm would be caused to the person, albeit of a minor character

Question 11

What is the actus reus of s 18 offence of wounding or causing grievous bodily harm with intent?

Answer 11

D must either would or inflict GBH

Question 12

What is the mens rea of s 18 offence of wounding or causing grievous bodily harm with intent?

Answer 12

D must actually intend to cause harm which amounts to serious harm (GBH)

Recklessness not enough

Intention to wound is not enough

Intention can be direct or oblique.