Wounding + GBH Flashcards
Where is sounding defined
Under s20 and s18 of the Offences Against The Persons Act 1861
What is the actus reus of wounding
To unlawfully found a person
What happens in JCC v Eisenhower
V was shot with air gun pellet just above eye suffering bruising and internal bleeding in the eye
In the legal principle for Eisenhower how is a wound defined
A cut or break in at least 2 layers of skin
In Eisenhower what is said to NOT count as a wound
Internal bleeding
It must be proven that d cashier wound tov so what types of causation need to be proven
Factual
Legal
What must there not be any of
Intervening acts
What kinds of words will be used if a victim has been wounded
Stabbing repeatedly
Slashed
Sliced
Lacerated
Explain the men’s Rea of wounding
This determines whether the offence is
Malicious wounding-s20 of OAPA or
Wounding with intent-s18 of OAPA
Describe the S20 OAPA 1861
Direct intention or recklessness as to cause some harm
R V Mowatt
Direct intention is where d sets out/aims/decides to bring about consequence to V
Recklessness is when D realises a risk and carries on regardless
Describe S18 OAPA 1861
Direct or OBLIQUE intention as to cause really serious harm
R v Belfon
Direct intention is when a D sets out/aims/decides to bring about a consequence to V
Oblique intention-R v Woolin
Did d realise the consequence was s virtual certainty
Would the average person know the consequence was a virtual certainty
Where is GBH defined
S20 or S18 Offences Against The Persons Act 1861
What is the actus reus of GBH
To inflict or cause grievous bodily harm on a person
What is the legal principle for DPP V SMITH
GBH is defined as really serious harm
Injuries did not need to be life threatening to be GBH
What is the legal principle in R v Burstow
GBH can be psychiatric harm
