non-fatal offences- GBH Flashcards
what are the 2 types of GBH
wounding and inflicting GBH
wounding and inflicting GBH with intent
wounding and inflicting GBH section
s20 offences against the person act
wounding and inflicting GBH with intent section
s18 offences against the person act
actus reus of wounding and inflicting GBH
wounding
inflicting
grievous bodily harm
mens rea of wounding and inflicting GBH
intention to cause someone harm
or
subjective recklessness to cause someone harm
wounding definition
‘anything that cuts or breaks the continuality of the skin’
case laws that define wounding
Moriarty v Brookes 1834
R v Wood 1830
JCC v Eisenhower 1983
Moriarty v Brookes 1834
A small cut below the eye IS a wound
R v Wood 1830
A broken collarbone which does not break
the skin IS NOT a wound
JCC v Eisenhower 1983
Internal bleeding in the eye caused by
firing a pellet gun IS NOT a wound
inflicting
usual rules of causation
factual cause (r v white)
legal cause (r v kimsey)
chain of causation (thin skull rule)
grevious bodily harm cases to define
DPP v Smith
R v Saunders
DPP v Smith - w/ intent
'’really serious harm’’
R v Saunders
'’serious harm’’ that doesn’t need to be life threatening
what else should be considered
age and vulnerability of victim
numerous lesser injuries done together
passing a disease
psychiatric harm
age and vulnerability of victim case
R v Bollom (bruising a baby)
numerous lesser injuries done together
case
R v Brown and Stratton
passing a disease
R v Dica (HIV)
psychiatric harm
R v Burstow (harrassment causing depression)
mens rea- ‘maliciously’ meaning
intention to cause some harm or subjective recklessness to cause some harm
cases to prove mens rea
R v Savage
R v Cunningham
R v Savage
confirmed ‘maliciously’ meant ‘intention’ or ‘recklessness’
R v Cunningham
confirmed the test for recklessness is subjective (some harm)
wounding and inflicting gbh with intent sentence
max sentence is life
only can be seen in the crown court
actus reus of s18 offences against the person act
wounding
or
inflicting
grievous bodily harm
mens rea
intention to cause really serious harm
or
resist
case law for mens rea of s18
R v Taylor 2009
R v Nedrick and Woollin
R v Taylor
An intention to wound is not enough by itself. There must be an intention to cause really serious harm.
R v Nedrick and Woollin
Oblique intention is
only available if the defendant foresaw really serious harm as a virtually certain consequence.
intention to resist arrest case
R v Morrison
wounding and inflicting GBH sentence and court
6 months or £5000 fine
crown or magistrates
