Wounding / GBH

Question 1

What is the definition of wounding according to Section 20 of OAPA 1861?

Answer 1

Wounding is defined as unlawfully wounding a person

Section 20 pertains to less serious offenses.

Question 2

What distinguishes Section 18 from Section 20 in the context of wounding?

Answer 2

Section 18 involves more serious offenses and requires direct or oblique intent

Section 18 is considered more serious than Section 20.

Question 3

What are the two key elements required to prove wounding?

Answer 3

1. Injury classified as a wound
2. Act has caused the wound

Question 4

What case established the definition of a wound as a break in continuity of skin?

Answer 4

JCC v Eisenhower

This case clarified that a wound requires a break in the skin, not just internal bleeding.

Question 5

In the case of JCC v Eisenhower, what was the incident that led to the ruling?

Answer 5

An airgun was fired, causing a bloodshot eye without a skin cut.

Question 6

According to legal definitions, what constitutes a wound?

Answer 6

A break in continuity of skin involving two layers

Internal bleeding alone does not qualify as a wound.

Question 7

Wounding Flowchart

Answer 7

Question 8

Wounding Exam Paragraph Structure

Answer 8

IDEACEA

I dentity offence
D efine offence
E xplain AR
A pply AR
C ausation - fac/leg
E xplain MR
A pply MR

Question 9

What is GBH defined as in S.20/S.18 OAPA 1861?

Answer 9

Unlawful wounding or inflicting GBH (with intent)

GBH stands for Grievous Bodily Harm.

Question 10

What is the actus reus (AR) for proving GBH?

Answer 10

Inflicting GBH

Question 11

In the case of DPP v. Smith, what were the outcomes related to GBH?

Answer 11

Ordered to stop car, jumped in front and died
GBH = serious, not permenant

Question 12

What is the significance of the case of R v. Brown & Stratton?

Answer 12

Accumulation of minor injuries leading to serious harm

-beat up trans, broke teeth and bruised

Question 13

What was the psychological harm in R v. Martin (1881)?

Answer 13

Serious psychological harm from placing a bar on an exit
GBH can be indirect

Question 14

In R v. Dica, what was concurred?

Answer 14

Had STD, knew, had sex
GBH can be biological harm

Question 15

What type of harm is established in R v. Burstow?

Answer 15

Psychological harm

-distributed hate mail to ex’s neighbours

Question 16

What injuries were noted in R v. Bollom?

Answer 16

Bruised 17-month-old
age and health considered for GBH

Question 17

Fill in the blank: GBH is defined as _______.

Answer 17

Grievous Bodily Harm

Question 18

True or False: GBH must result in permanent injury.

Answer 18

False

Question 19

What does the case of R v Martin (1881) illustrate about indirect harm?

Answer 19

Injuries caused by panic in a public setting

Question 20

Name a case that involved the accumulation of minor injuries leading to serious harm.

Answer 20

R v. Brown & Stratton

Question 21

Examples of GBH level injuries

Answer 21

brain damage, broken limbs, paralysis, coma, internal bleeding

Question 22

Which MR case is associated with Section 20 of OAPA 1861?

wounding AND GBH

Answer 22

R v Mowatt

-D. punched V. over £5 repeatedly
S.20 = direct intent or recklessness to cause some harm

Question 23

Which MR case is associated with Section 18 of OAPA 1861?

wounding AND GBH

Answer 23

R v Belfon

-D. slashed V. in the face with a razor
S.18 = direct or oblique intent to cause serious harm

Question 24

Alternative MR for both wounding AND GBH

Answer 24

S.18 - serious harm
Either:
1. DI/OI (R v Belfon)
2. intention to resist, DI/recklessness to cause harm (R v Morrison)

Question 25

What are the requirements for the alternative MR?

Answer 25

• V must be police officer#
• D. intends to resist arrest
• Therefore, dir/reck to cause harm

“because its police = more culpable”

Question 26

Case for alternative MR

Answer 26

R v Morrison
D. resisted and saw some harm

-D. held by police, ran through glass
-V. cut and bruised