Non Fatal Offences - GBH

Question 1

Act

Answer 1

S20/18 Offences against the persons act 1861

Question 2

Definition

Answer 2

D must unlawfully and maliciously wound or inflict grievous bodily harm

Question 3

Actus reus GBH

Answer 3

GBH=really serious harm(DPP v smith)
Serious psychiatric harm=GBH and GBH can be indirect(R v burstow)
Biological harm (R v Dica)
Bruising to a baby can be GBH(R v Bollom
Several less serious injuries combined can be GBH (R v Brown&Stratton)

Question 4

Actus reus wounding

Answer 4

A wound is an injury causing bleeding outside the body
A break to the second layer of skin (Moriarty v Brookes)
Does not include internal injuries unless they cause bleeding on the outside of the body (JCC v Eisenhower)
Can include dog bites if D also has men’s rea (R v Dume)

Question 5

Causation

Answer 5

Factual-but for (white)
Legal-more than minimal and operating and substantiating cause (smith)

Question 6

Novus actus interveniens

Answer 6

Act of third party (R v Smith)
Medical negligence (R v Cheshire)
Vs own actions (R v Robert’s)
Act of god
Thin skull rule (R v Blaue)

Question 7

Men’s Rea

Answer 7

S18 - direct intention to cause GBH-D has desires outcome in mind (R v Belfon)
S20 - intention to cause some harm (Mohan), recklessness to cause some harm-D realises risk and takes it anyway (Cunningham)

Question 8

If applicable

Answer 8

Transferred malice-D can be liable if they have the MR for crime against unintended V-MR will be transferred(R v Latimer/Mitchell) only for the same offence(R v pembilton)
Coincidence rule-1.D did not know they were committing the crime but carried on anyway so the AR wil be continuing until MR is present (fagan v MPC) 2.D had MR but AR appeared later, MR established if same series of events (R v Thabo meli)