Grievous Bodily Harm (GBH) (Paper 1) Flashcards
GBH is defined by sections 20 and 18 of which Act
Offences Against the Person Act 1861
Wording of section 20
D wounds or inflicts any GBH upon the victim with the intention or recklessness to cause some harm
Wording of section 18
D wounds or causes GBH with intent, or with intent to resist arrest
Actus reus of s 20 and 18 is the same, the only difference is
Mens rea
Definition of wound
A cut or a break in both layers of the skin (Eisenhower)
Case which defined GBH injury
DPP v Smith
Definition of GBH injury
Nothing more or nothing less than really serious harm, but it does not have to be life threatening
Examples of GBH injuries
Serious cuts/wounds, broken bones, injuries requiring lengthy treatment, substantial blood loss, permanent loss of sensory function, serious psychological injuries, biological harm
Decision in Bollom
Allowed to take into account the victim’s age and health
Case which held an accumulation of less serious injuries can amount to GBH
Brown & Stratton
Mens rea of s. 20 GBH
Intention or recklessness to cause some injury (Mowatt)
Mens rea of s. 18 GBH
Intention to cause GBH or intent to resist arrest (Morrison)