Grievous Bodily Harm(GBH)

Question 1

How to establish what type of GBH has been committed.

Answer 1

1) Did the D intend to inflict nothing less than GBH on the victim? (yes=s.18, no=s.20)
2) Did the D only intend/ was reckless to inflict some harm, but actually ended up inflicting GBH style injuries ? (Yes=s.20)

Question 2

definition of section 20 GBH

Answer 2

Offences against the person act 1861 defines s.20 GBH as, “ inflicting a wound, or grievous bodily harm injuries, with the intention or recklessness t inflict some harm”.

Question 3

Definition of s.18 GBH

Answer 3

Offences against the person act 1861 defines s.18 GBH as, “Inflicting a wound or GBH injuries, with the intention to inflict GBH, or to resist arrest”.

Question 4

actus reus of GBH

Answer 4

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

Question 5

Two side rules for actus reus of GBH

Answer 5

Side Rule 1- Accumilation of injuries can amount to GBH when taken together (Brown/Stratton)
Side Rule 2- Vulnerable victim, the injuries are seen as more seriou (Bollom)

Question 6

Mens rea for s.20 and s.18 GBH

Answer 6

s.20- Intention (Mohan) or recklessness (Cunningham) to inflict some harm (Parameter)
S.18- Intention (Mohan) or recklessness (Cunningham) to inflict GBh injuries, or to resist arrest (Morrison)