GBH- Grievous Bodily Harm Flashcards
GBH Definiton
Offences Against the Persons Act 1861
S.20- where D wounds or inflicts GBH upon the V with the I or R to cause some harm
BASIC INTENT CRIME
S.18- where the D wounds or causes GBH with intention or with intent or resist arrest
SPECIFIC INTENT CRIME
ACTUS REA
Way 1
Wound - EISENHOWER
A cut or break in both layers of the skin
(Dermis and Epidermis)
For the cut to be considered GBH they
must be more serious
ACTUS REA
Way 2
To inflict GBH injuries
SMITH
This means no more and no less that serious injury, but it does not have to be life threatening
ACTUS REA
Way 2
GBH injury examples
Serious cuts/ wounds
Broken bones (serious/ compound fracture )
Injuries requiring lengthy treatment
Substantial blood loss
Permanent loss of sensory function
Serious psychological treatment
IRELAND/ BURSTOW
Biological harm- DICA- HIV
SIDE RULE 1
Vulnerable victim
When assessing the seriousness of the injury you are allowed to take into account the V’s age and health
BOLLOM
SIDE RULE 2
Accumulation of injuries
A series of less serious injuries can amount to GBH when taken together
BROWN/ STRATTON
MENS REA
S.20
Intention or Recklessness to cause some injury
MOWATT
MENS REA
S.18
Intention to cause serious injury or the D has intended to resist arrest
MORRISON