Non-fatal offences - S.18/S.20 GBH Flashcards
What 2 ways can the offence be committed ?
- Unlawful wounding
2. Unlawful infliction or grievous bodily harm
What is the definition of GBH in the case of DPP v Smith
It was held in this case grievous bodily harm means ‘really serious harm’
What was held in the case of Saunders ?
Held that ‘serious harm’ would suffice and the word ‘really’ was not necessary
What are 3 things that could amount to GBH
A disease could be classed as GBH - R v Dica (had HIV and passed it on when they didn’t consent to that, they only consented to sex)
Vulnerability of a person could be considered when deciding whether GBH has been committed - R v Bollom (victim being a child/elderly would tend to have more serious injuries so it matters )
psychiatric injury can amount to GBH (in this case depression) - Burstow
Wounding is another AR of this offence, what was held in the case of JCC v Eisenhower ?
Courts held that there must be a ‘break in the continuity of the skin’ to constitute a wound for the purposes of s.20 and internal bleeding is not sufficient.
skin also includes inner lining of cheeks and lips
What would not be classes as a wound ?
scratches, abrasions and burns will not be considered wounds (unless 2nd layer of skin is broken) nor will broken bones and internal ruptures
The MR for s.20 was established in the case of R v Mowatt, what was held ?
No need to prove the D intended or was reckless to causing the serious harm as long as he caused some harm (foresaw that)
What is the MR for s.18
- Must intend to cause GBH
> Direct intention - aim and objective was to cause GBH
> Indirect intention - had one aim but another consequence occurred (2 part test of Woollin)
- P must GBH/wound was virtually certain outcome of D’s actions
- P must prove that D knew his actions would cause GBH/wound as a virtual certainty
What is another MR of S.18 ?
Must intend to resist the lawful apprehension or detainer of any person
