Grievous Bodily Harm Flashcards
Act and Section number for GBH without intent?
S.20 Offences Against The Persons Act 1861
Definition of S.20 GBH?
‘Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon another person, either with our without any weapon or instrument, shall be guilty of an offence triable either way and being convicted thereof shall be liable for imprisonment for five years’
What is the Actus Reus for GBH?
Unlawful, wound, grievous bodily harm
Case and POL for C v Eisenhower?
Case - D shot the victim with an air pistol bruising and rupturing of an internal blood vessel in the eye
POL - To constitute a wound all layers of skin must be broken and the rupturing of internal blood vessels is not a wound
Whats the definition of grievous bodily harm?
Grievous bodily harm means ‘really serious harm’ which is up for the jury to decide
POL for DPP v Smith?
There is no difference between ‘serious’ and ‘really serious’ harm
Case and POL for R v Brown and Stratton?
Case - Victims son attacked the victim for wearing a dress, bruising and breaking their noise amounting to GBH
POL - It is the jury’s decision as to what amounts to really serious harm
Case and POL for R v Bollom?
Case - victim was 17 Months old and had bruises on her body
POL - Jury took in to consideration her frailty in order to decide if it amounted to GBH
Case and POL for R v Burstow?
Case - Ex stalked women for 6 months leaving phone call, stealing clothes etc lead to severe depressive illness
POL - Causing a depressive illness can count as GBH
Case and POL for R v Dica?
Case - Banged 2 women whilst having AIDS and infected them
POL - It is possible to inflict biological GBH by transmitting Viruses and diseases
What is the Mens Rea for S.20 GBH?
Defined by the word ‘Maliciously’ or ‘intentionally recklessly’
POL for R v Mowatt
POL - Foresight of physical harm is needed
Act and Section number for GBH with intent?
S.18 Offences Against The Persons Act 1861
Definition of S.18 GBH
‘Whoever shall unlawfully and maliciously by any means whatsoever wound or cause and grievous bodily harm to any person, with intent to do some grievous bodily harm on to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of an offence triable only on indictment, and being convicted thereof shall be liable to imprisonment for life’
What is the Mens Reus for S.18 GBH?
Defendant must have intention either direct or indirect
R v Nedrick and R v Woollin says what about intention?
Jury can infer intention whether it is an oblique or indirect act
The jury needs to decide whether the defendant appreciates that GHB was a virtual certain consequence
R v Matthews and Alleyne does what?
An evidential test to assist the jury on whether to infer intention
