GBH/Wounding Flashcards
What is the A/R for GBH/Wounding under S.18 Offences Against Person Act 1861?
Unlawful wounding or causing grievous bodily harm.
What is the M/R for GBH/Wounding under S.18?
Intention to cause grievous bodily harm or resist arrest.
What constitutes ‘Wounding’?
‘A break in the top two layers of the skin.’
Eisenhower
What is ‘GBH’ defined as?
‘Serious harm’ (Saunders) OR ‘really serious harm’ (Smith).
Can psychiatric harm be considered GBH?
Yes, provided it is sufficiently serious.
Burstow
How are injuries to a child or elderly person treated under GBH law?
They will be considered more serious than the same injuries caused to a strong, healthy adult.
Bollom
Can a collection of minor injuries be charged as GBH?
Yes.
Brown and Stratton
What is biological GBH?
Biological GBH is recognized in the case of Dica.
What does ‘Causing’ refer to in the context of GBH?
Factual (White) and legal causation (Smith).
What is the mens rea for s18 GBH?
Intention to cause grievous bodily harm.
What does ‘Intention’ mean in this context?
Aim, purpose, objective.
What type of intent applies to S.18 as a specific intent crime?
Oblique intent applies.
Woollin
What is the A/R for GBH/Wounding under s.20 OAPA 1861?
Unlawful wounding or inflicting grievous bodily harm.
What is the M/R for GBH/Wounding under s.20 OAPA 1861?
Intention or recklessness as to some harm.
What does ‘GBH’ stand for?
Grievous bodily harm.
What does ‘inflict’ mean in the context of GBH?
‘Inflict’ means the same as ‘cause’ - Burstow.
What is the significance of Mens Rea in s20 GBH/Wounding cases?
D does not need to intend or be reckless as to inflicting GBH or wounding; ‘some harm’ is sufficient - Mowatt confirmed in Grimshaw.
Template for. S20 and s18
1 - The actual reus of s20/18 is…. DEFINE, APPLY
2 - Causation - factual and legal cause, chain of causation
3 - The men’s rea do s20/18 is…. DEFINE, APPLY
Full template - s20 gbh/wounding
The actual reus of s20 is unlawful wounding or inflicting GBH.
Wounding means a break in the top two layers of the skin (Eisenhower), whereas gbh is defined as serious harm (Saunders) or really serious harm (Smith). Inflict simply means cause.
APPLY - In this case ________ would satisfy the air of s20, and would be considered gbh/wounding.
D must be both the factual and legal cause of the victims injuries. ‘But for’ Ds actions, V would not have _____ injuries (Pagett). D is the legal cause as he was the operative and substantial cause (Smith) and made a significant contribution (Cheshire). The chain of causation must remain intact.
The men’s rea of s20 is intentional or recklessness as to causing some harm (Mowatt confirmed in Grimshaw). It is therefore not necessary for the Crown to prove D intended to cause gbh or was reckless as to whether gbh would be caused. APPLY
Full Template - s18 OAPA 1861
The actual reus of s18 is unlawful wounding or causing GBH or resisting arrest.
Wounding means a break in the top two layers of the skin (Eisenhower), whereas gbh is defined as serious harm (Saunders) or really serious harm (Smith).
APPLY - In this case ________ would satisfy the AR of s18, and would be considered gbh/wounding.
D must be both the factual and legal cause of the victims injuries. ‘But for’ Ds actions, V would not have _____ injuries (Pagett). D is the legal cause as he was the operative and substantial cause (Smith) and made a significant contribution (Cheshire). The chain of causation must remain intact.
The men’s rea of s18 is intention to cause gbh. Intention means aim, purpose or objective. Because s18 is a specific intent crime, oblique intent applies - the virtual certainty test (Woolin) - is gbh a virtually certain consequence of Ds actions and did D appreciate this.
