Wounding and GBH (s.18/s.20) Flashcards
What is s.20 of the Offences Against the Person Act 1861’s definition of Wounding/GBH
“Whoever shall unlawfully and maliciously would or inflict any GBH upon any other person, with or without a weapon, shall be guilty”
What is the Actus Reus of s.20 ‘s of Wounding/GBH
- Wounding or
- Inflicting
- GBH
What is the Mens Rea of s.20’s of Wounding/GBH
- Intention to cause harm
- Subjective Reckless to cause harm
The first requirement of the Actus Reus of Wounding/GBH: - Wounding
Moriarty v Brookes (1834): - A small cut below the eye is classed as wound
R v Woods (1830): - Broken Collar Bone which doesn’t break the skin isn’t a wound
JCC v Eisenhower (1983): - Internal bleeding in the eye caused by firing a pellet gun is not a wound
The Second Requirement of the Actus Reus of Wounding/GBH: - Inflicting
Decided that this means same thing as “causing”.
Grievous Bodily Harm: -
DPP v Smith (1961): - “Really serious harm”
R v Saunders (1985): - “Serious harm - does not to be life threatening”
What did the case of R v Saunders (1985) establish ?
Types of Injuries include: -
Age and Vulnerability of the victim is relevant: - R v Bollom (2004): - Court decided the victim’s age could be taken into account - so that bruising is classed as GBH
Can include passing on a disease: - R v Dica (2004): - Court confirmed an appeal deliberately passing on a disease such as HIV would amount to GBH.
Can include psychiatric harm that is “severe” : - R v Burstow (1997): - Psychiatric injury could not amount to actual bodily harm. Dicta in Chan v Fook applied, the Word ‘inflict’ in s.20 simply cause. There was thus no requirement that physical force is directly or indirectly applied.
Mens Rea of Wounding/GBH: - What is meant by Maliciously Meaning ?
Intention to cause harm or subjective recklessness to cause harm.
R V Savage (1992): - Confirmed ‘maliciously’ means intention or recklessness
R v Cunningham (1957): - Confirmed test for recklessness is subjective.
There is no need to prove D intended or saw risk of really serious harm - only some harm
What is s.18 of the Offences Against Person Act 1861’s definition of Wounding and Inflicting GBH with intent ?
“Whoever shall unlawfully and maliciously wound or cause any grievous bodily harm to any person, with intent to do some grievous bodily harm to any person”
What is the Actus Reus of Wounding and Inflicting GBH with Intent ?
Wounding or
Inflicting
Grievous Bodily Harm
What is the Mens Rea of Wounding and Inflicting GBH with Intent ?
Intention to cause really serious harm
Intention to resist arrest
What was established in the case of R v Taylor (2009) ?
Intention to Wound is not enough by itself. There must be an intention to really cause serious harm
How was “Intention to resist arrest” defined in the case of R v Nedrick and R v Woolin ?
If D intentionally resisting arrest – or trying to prevent arrest of another person – and in doing so they cause GBH to a police officer, they will be charged under section 18.
How was “Intention to resist arrest” also defined in the case of R v Morrison (1989) ?
D doesn’t need to intend GBH caused as a result – can be reckless towards causing GBH. Only need to intend to stop their arrest (or the arrest of another).
