GBH Flashcards
(5 cards)
20
s20 Offences against the persons act 1861 defines as “inflicting a wound of grievous bodily harm injuries, with the intention or recklessness to inflict some harm”
18
s18 offences against the persons act 1861 “inflicting a wound or grievous bodily harm injuries with the intention to resist arrest”
actus reus
- d must inflict a wound or gbh injuries
- wound is a break in both layers of the skin the dermis and epidermis (eisenhower)
-GBH injury is “nothing more or nothing less than really serious harm” (DPP v Smith)
2 side rules
accumulation of injuries can amount to a GBH when taken together (Brown/Stratton)
Vulnerable victim injuries seen as more serious (Bollom)
-CAUSATION ISSUES!!!!!!!!
men’s rea
20 intention (mohan) or recklessness to inflict some harm (Mowatt)
18 intention (mohan) to inflict GBH injures or intention to resist arrest (Morrison)
Transfered malice (pembilton and latimer)
coincidence rule