Grievous Bodily Harm s.18 + s.20

Question 1

GBH S.20 Definition

Answer 1

“Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person; either with or without a weapon or instrument shall be guilty of a misdemeanour”

OAPA 1861

Question 2

GBH S.18 Definition

Answer 2

“Intent to commit s.20 GBH”

Question 3

GBH S.20 AR

Answer 3

Unlawfully
Wound Or inflict gbh
On another person

Question 4

GBH S.20 MR

Answer 4

“Defendant must have the intention or be reckless as to causing of some harm”

No need to prove they intended serious harm

Question 5

GBH S.18 AR

Answer 5

Unlawfully
Wound or cause GBH
On any person

Question 6

GBH S.20 AR Cases

Answer 6

Unlawful
ATG REFERENCE - Lists what it not unlawful: lawful chasitissment, surgical interference, properly conducted games and sports

Wound
Moriaty v Brookes - teacher beat student to death - gbh pccurs where’s there a break in the skin

Eisenhower - shot an air rifle into a persons eye- no gbh as upper and lower epidermis had not been breached

GBH
DPP v Smith - Police man jumped into D’s car - held that any serious harm sustained by D’s actions was GBH

Question 7

GBH S.20 MR Cases

Answer 7

R v savage - intention

R v Parmenter - heavy handling of child - subjective recklessness