Grievous Bodily Harm Flashcards
S.18 Description?
Where the D intended to inflict GBH injuries on the V, or intended to resist arrest but which caused the V GBH injuries in the process.
S.20 Description?
Where the D did not intend to inflict GBH, but intended or was reckless as to inflict SOME harm onto the V
S.20 Definition?
Offences Against the Persons Act 1861- “Inflicting a wound, or grievous bodily harm injuries, with the intention or recklessness to inflict some harm”
S.18 Definition?
Offences Against the Persons Act 1861- “inflicting a wound, or grievous bodily harm injuries, with the intention to inflict GBH, or resist arrest”
Actus Reus of GBH?
The D must inflict a wound OR GBH injuries. A wound is a break in both layers of the skin (Dermis and Epidermis)- (Eisenhower), and a GBH injury is “Nothing more or nothing less than really serious harm”- (DPP V Smith)
Actus Reus of GBH Side Rules?
- Accumulation of injuries can amount to GBH when taken together (Brown/ Stratton)
2.Vulnerable victim, the injuries are seen as more serious (Bollom)
When applying also apply causation issue.
Mens Rea for GBH?
S.20- Intention (Mohan), or recklessness (Cunningham) to inflict SOME harm (Mowatt)
S18.- Intention (Mohan) to inflict GBH injuries, or intention to resist arrest (Morrison/Mowatt)