Grievous Bodily Harm Flashcards
What laws are used?
s18 or s20 Offences against the persons act 1861
Definition
D must unlawfully and maliciously wound or inflict grievous bodily harm on V.
GBH
Really serious har (DPP v Smith)
Bruising a baby (Bollam)
Requires hospital treatment (Dugdale & Furmstone - authors)
Less injuries combined (Brown & Stratton)
Biological harm (Dica)
Serious psychological harm (Burstow)
Wounding
A break to the second layer of skin (Moriarty v Brookes)
Dog bites can be included if MR is present (Dume)
Does not include internal injuries unless they cause bleeding outside the body (JCC v Eisenhower)
s18 MR
Intention to cause GBH
Direct intention - D has the intention to cause GBH (really serious harm)
(R v Belfon)
s20 MR
Cause some harm
Intention to cause some harm (Mohan) can be oblique (Woolin)
Reckless to cause some harm (Cunningham)
D doesn’t need to intend or risk any serious injury (Savage)