Grievous Bodily Harm Flashcards
what is GBH?
a serious injury that’s not life threatening
how many types of GBH are there?
2
two sections for the two types of GBH
s18 and s20
act GBH is defined by…
Offences Against the Persons Act 1861 (OAPA)
definition of s20 GBH
inflicting a wound or GBH injuries with the intention or recklessness to inflict some harm
definition of s18 GBH
inflicting a wound or GBH injury with the intention to inflict GBH or resist arrest
GBH AR - stage 1+ sides rules
the d must inflict a wound or GBH injuries
- a WOUND is a break in both layers of the skin (dermis and epidermis) - (eisenhower)
- a GBH INJURY is “nothing more or nothing less than really serious harm - (DPP v smith)
SIDE RULE: Accumulation of injuries can amount to GBH when taken together (brown/stratton)
SIDE RULE: Vulnerable victim, the injury’s are seen as more serious (bollom)
MR GBH s20
intention (mohan) or recklessness (cunningham) to inflict SOME harm (mowatt)
MR GBH s18
intention (mohan) to inflict GBH injuries or intention to resist arrest (morrison/mowatt)
GBH injuries
(hint:7 injures)
- serious cuts/wounds
- broken bones (serious fractures - jaw/rib/legs/arms/compound fractures)
- injuries requiring lengthy treatment
- substantial blood loss
- permanent loss of sensory function
- serious psychological injuries (ireland + burstow)
- biological harm (dica - HIV)