GBH Flashcards
(14 cards)
Act for GBH
S18/20 offences against person act 1861
Max sentence for s20 and type of offence
5 years imprisonment. Triable either way offence
Max sentence for s18 and type of offence
Life and indictable
AR for GBH
To unlawfully wound or inflict any grivious bodily harm upon any other person
JJC v Eisenhower
Wound is a break in the continuity of the entire skin
R v Burstow
Psychological harm can amount to GBH
MR for s20
Intent to cause some harm or subjectively reckless to harm caused
R V Mowatt
D must foresee some physical harm not necessarily GBH
Mr for s18
Intent to cause serious harm or resist arrest
R v Belfon
S18 requires specific intent to cause GBH
Strengths of GBH
1) recognised serious harm including psychological injury
2) clear distinction in sentencing
3) flexible in charging
Limitations of GBH
1) outdated language and structure
2) mismatch between harm and fault
Reform for GBH
use modern terminology and create separations of offence