GBH (18+20) Flashcards
(13 cards)
What section applies if the D intended to inflict nothing less than GBH on the V?
s.18
If the answer to the question is Yes.
What section applies if the D only intended or was reckless to inflict SOME harm but ended up inflicting GBH-style injuries?
s.20
If the answer to the question is Yes.
What may the D be liable for under the Offences Against the Persons Act 1861?
The D may be liable for s.18 or s.20 GBH - choose one only.
What is the definition of s.20 GBH?
S.20 GBH is defined as ‘inflicting a wound, or grievous bodily harm injuries, with the intention or recklessness to inflict some harm.’
What is the definition of s.18 GBH?
S.18 GBH is defined as ‘inflicting a wound, or grievous bodily harm injuries, with the intention to inflict GBH, or intention to resist arrest.’
What is the actus reus for GBH?
The D must inflict a wound OR GBH injuries.
What constitutes a wound?
A wound is a break in both layers of the skin (dermis and epidermis).
(Eisenhower)
What is a GBH injury?
GBH injury is defined as ‘really serious harm.’
(DPP v Smith) / Dica - biological harm / Burstow - serious psychiatric injury
What is the side rule regarding accumulation of injuries?
Accumulation of injuries can amount to GBH when taken together.
(Brown)
What is the side rule regarding vulnerable victims?
For vulnerable victims, the injuries are seen as more serious.
(Bollom) - age / health
What should be identified in the application stage?
Identify whether there is a wound or GBH injury (or both!).
What is the mens rea for s.20?
The mens rea for s.20 is intention or recklessness to inflict SOME harm.
(Parementer)
What is the mens rea for s.18?
The mens rea for s.18 is intention to inflict GBH injuries, or intention to resist arrest.
(Morrison)
