Grievous Bodily Harm Flashcards

1
Q

S.18 Description?

A

Where the D intended to inflict GBH injuries on the V, or intended to resist arrest but which caused the V GBH injuries in the process.

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2
Q

S.20 Description?

A

Where the D did not intend to inflict GBH, but intended or was reckless as to inflict SOME harm onto the V

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3
Q

S.20 Definition?

A

Offences Against the Persons Act 1861- “Inflicting a wound, or grievous bodily harm injuries, with the intention or recklessness to inflict some harm”

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4
Q

S.18 Definition?

A

Offences Against the Persons Act 1861- “inflicting a wound, or grievous bodily harm injuries, with the intention to inflict GBH, or resist arrest”

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5
Q

Actus Reus of GBH?

A

The D must inflict a wound OR GBH injuries. A wound is a break in both layers of the skin (Dermis and Epidermis)- (Eisenhower), and a GBH injury is “Nothing more or nothing less than really serious harm”- (DPP V Smith)

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6
Q

Actus Reus of GBH Side Rules?

A
  1. Accumulation of injuries can amount to GBH when taken together (Brown/ Stratton)
    2.Vulnerable victim, the injuries are seen as more serious (Bollom)
    When applying also apply causation issue.
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7
Q

Mens Rea for GBH?

A

S.20- Intention (Mohan), or recklessness (Cunningham) to inflict SOME harm (Mowatt)

S18.- Intention (Mohan) to inflict GBH injuries, or intention to resist arrest (Morrison/Mowatt)

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