GBH- Grievous Bodily Harm Flashcards

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1
Q

GBH Definiton

A

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

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2
Q

ACTUS REA
Way 1

A

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

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3
Q

ACTUS REA
Way 2

A

To inflict GBH injuries
SMITH
This means no more and no less that serious injury, but it does not have to be life threatening

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4
Q

ACTUS REA
Way 2
GBH injury examples

A

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

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5
Q

SIDE RULE 1

A

Vulnerable victim
When assessing the seriousness of the injury you are allowed to take into account the V’s age and health
BOLLOM

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6
Q

SIDE RULE 2

A

Accumulation of injuries
A series of less serious injuries can amount to GBH when taken together
BROWN/ STRATTON

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7
Q

MENS REA
S.20

A

Intention or Recklessness to cause some injury
MOWATT

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8
Q

MENS REA
S.18

A

Intention to cause serious injury or the D has intended to resist arrest
MORRISON

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