Wounding + GBH Flashcards
Where is wounding defined
Under s20 and s18 of the Offences Against The Persons Act 1861
What is the actus reus of wounding
To unlawfully wound 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 caused wounding to v 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
