s.20 & s.18 GBH Flashcards
What is the definition of a s.20 GBH and where does this come from?
OAPA 1861, whoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without a weapon
How is GBH defined and what case does this come from?
R v Saunders, GBH means serious harm
What did the case of R v Bollom tell us?
The victims age and health are relevant when deciding if something amounted to GBH
Which case showed us that biological injury, such as HIV, is a type of GBH?
R v Dica
What was shown in the case of Brown v Stratton?
A combination of smaller ABH injuries can amount to GBH, such as a broken nose and lost teeth
How is a wound defined and what case showed this?
Moriatry v Brooks, a break in the continuity of both layers of the skin that will usually result in bleeding
What case showed that internal bleeding is not a type of wound?
JCC v Eisenhower
What does the case of R v Burstow tell us and what does this mean?
Inflict and cause mean the same thing, therefore the D must be the factual and legal cause of GBH
What is the mens rea for a s.20 offence?
D must have intended or have been reckless as to causing some harm to the victim, they do not need to intend to cause GBH or wounding
What case demonstrates the mens rea for a s.20 offence?
R v Mowatt
What is the definition of a s.18 GBH and where does this come from?
OAPA 1861, whoever shall unlawfully and maliciously by any means by whatsoever wound or cause GBH to any person, with intent to do some GBH to any person
What is the maximum sentence that can be passed if a person is found guilty of a s.18 offence?
Life sentence
True or false, the actus reus elements of a s.18 offence are the same a s.20?
True
What is the mens rea for a s.18 offence?
Specific intent crime, meaning D cannot be reckless and must have the intention to cause GBH
What case demonstrates the mens rea of s.18?
R v Belfon
