Grievous bodily harm

Question 1

D may be liable

Answer 1

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).

Question 2

The actus reus is

Answer 2

an act or omission causing a wound [or GBH] .

Question 3

Contractual

Answer 3

Pittwood

Question 4

Voluntary care

Answer 4

Stone and Dobinson

Question 5

dangerous situation created

Answer 5

Miller

Question 6

an omission is a

Answer 6

failure to act where there is a duty to do so

Question 7

Here V’s injuries constitute a wound

Answer 7

defined in EISENHOWER as breaking both outer and inner layers of the skin as she suffered eg.

Question 8

Here V’s injuries constitute GBH

Answer 8

defined as really serious (SMITH) or serious harm (SAUNDERS) as she suffered eg.

Question 9

biological GBH eg. inflicting a disease

Answer 9

DICA

Question 10

serious psychiatric harm

Answer 10

BURSTOW, IRELAND

Question 11

an omission is a

Answer 11

failure to act when there is a duty to do so

Question 12

factual causation is satisfied as

Answer 12

“but for” D [say what D did], THE WOUND [or GBH] would have not occurred (PAGETT,WHITE)

Question 13

and legal causation is satisfied as D was the

Answer 13

operating and substantial cause of the wound [or GBH] as it was significant, more than minimal contribution (SMITH).

Question 14

eg. is an

Answer 14

intervening act (novus actus intervenies) but will not break the chain of causation as it was reasonably foreseeable

Question 15

PAGETT

Answer 15

“act of a third party/contribution of others” and legal causation satisfied.

Question 16

ROBERTS

Answer 16

“victims own act” and legal causation is satisfied.

Question 17

Medical negligence

Answer 17

as a novus actus interveniens/intervening act does not break the chain of causation (CHESIRE) unless it is “palpably wrong” (JORDAN). Here e.g

Question 18

The thin skull rule

Answer 18

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

Question 19

The mens rea is

Answer 19

intention or subjective recklessness as to some harm, not necessarily as to the wound (or GBH) itself as in, MOWATT, PARMENTER and SAVAGE.

Question 20

D has specific/direct intention to cause some harm

Answer 20

as she decided to bring about the particular consequence of some harm (MOHAN) when e.g

Question 21

X was subjectively reckless

Answer 21

as she foresaw a risk of causing some harm and carried on regardless (CUNNINGHAM) when e.g

Question 22

The transferred malice principle applies

Answer 22

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.

Question 23

To conclude

Answer 23

D is likely to be liable as the AR and MR are satisfied.