Gbh Flashcards
(7 cards)
Definition of S.20 OAPA 1861
Inflicting a wound or gbh injuries with the intention or recklessness to inflict some harm
Definition of S.18 OAPA 1861
Inflicting a wound or gbh injuries is ugh the intention to inflict gbh or resist arrest
Stage one
The d must inflict a wound or gbh injuries. A wound is a break in both layers or the skin (Eisenhower). A gbh injury is nothing more or less than really serious harm (dpp v smith)
Accumulation of injuries side rule
Accumulation of injuries may amount to gbh when taken together (brown v Stratton)
Vulnerable victim side rule
The Injuries of vulnerable victims are seen as more serious (Bollom)
Mens rea for S.20 OAPA 1861
Intention (Mohan) or recklessness (Cunningham) to inflict some harm (mowatt)
Mens rea for S.18 OAPA 1861
Intention (Mohan) or recklessness (cunningham) to inflict gbh injuries or resist arrest (Morrison/ Mowatt)