Grievous bodily harm Flashcards
D may be liable
under section 20 of the offences against the persons act 1861 for unlawfully and maliciously wounding [or unlawfully and maliciously inflicting grievous bodily harm (GBH).
The actus reus is
an act or omission causing a wound [or GBH] .
Contractual
Pittwood
Voluntary care
Stone and Dobinson
dangerous situation created
Miller
an omission is a
failure to act where there is a duty to do so
Here V’s injuries constitute a wound
defined in EISENHOWER as breaking both outer and inner layers of the skin as she suffered eg.
Here V’s injuries constitute GBH
defined as really serious (SMITH) or serious harm (SAUNDERS) as she suffered eg.
biological GBH eg. inflicting a disease
DICA
serious psychiatric harm
BURSTOW, IRELAND
an omission is a
failure to act when there is a duty to do so
factual causation is satisfied as
“but for” D [say what D did], THE WOUND [or GBH] would have not occurred (PAGETT,WHITE)
and legal causation is satisfied as D was the
operating and substantial cause of the wound [or GBH] as it was significant, more than minimal contribution (SMITH).
eg. is an
intervening act (novus actus intervenies) but will not break the chain of causation as it was reasonably foreseeable
PAGETT
“act of a third party/contribution of others” and legal causation satisfied.
ROBERTS
“victims own act” and legal causation is satisfied.
Medical negligence
as a novus actus interveniens/intervening act does not break the chain of causation (CHESIRE) unless it is “palpably wrong” (JORDAN). Here e.g
The thin skull rule
means to take your victim as you find them where the victim has a hidden weakness so there will be legal causation (BLAUE). here e.g
The mens rea is
intention or subjective recklessness as to some harm, not necessarily as to the wound (or GBH) itself as in, MOWATT, PARMENTER and SAVAGE.
D has specific/direct intention to cause some harm
as she decided to bring about the particular consequence of some harm (MOHAN) when e.g
X was subjectively reckless
as she foresaw a risk of causing some harm and carried on regardless (CUNNINGHAM) when e.g
The transferred malice principle applies
when a crime intended for one person falls on another by accident as in Latimer, so D will still be liable as the mens rea is transferred from x to v.
To conclude
D is likely to be liable as the AR and MR are satisfied.
