S18/20 GBH OAPA

Question 1

Identify and define

Answer 1

GBH is defined under S20 or S18 of OAPA 1861.

Question 2

What is the actus reus.

Answer 2

For both S20 and S18 - To unlawfully cause/inflict grievous bodily harm on/to another person. Saunders defines GBH as really serious harm.

Question 3

Examples and factors considered of GBH

Answer 3

Burstow - Can be serious psychological/psychiatric harm
Dica - serious biological harm (HIV)
Bollom - Age and health are factors that can be considered when deciding whether th injuries are serious enough to be GBH
Brown and Stratton - GBH can be an accumulation of minor injuries
Martin - GBH can be committed indirectly

Question 4

Inflict meant what previously

Answer 4

Meant there had to be a technical assault or battery (Clarence) for there to have been a GBH - removed by (Wilson), (Ireland) and (Burstow). Now it must be shown that D’s actions led to the consequence

Question 5

Explain and apply causation

Answer 5

Both need to be established - no intervening acts

Question 6

Mens rea is the same as is for wounding

Answer 6

Direct/recklessness - some harm - Mowatt - S20
Direct/Oblique - really serious harm - Belfon

Question 7

S18 OAPA GBH AND WOUNDING ALTERNATIVE MENS REA

Question 8

What is the alternative

Answer 8

Causing GBH and/or wounding with the intention to resist arrest and intention or recklessness as to causing some harm

Question 9

When is it relevant?

Answer 9

If D caused GBH or wounding whilst escaping from a police officer.

must have the specific intention to resist arrest but can be reckless as to whether his actions would cause a wound or injury as confirmed by (Morrison).