non-fatal offences- GBH

Question 1

what are the 2 types of GBH

Answer 1

wounding and inflicting GBH
wounding and inflicting GBH with intent

Question 2

wounding and inflicting GBH section

Answer 2

s20 offences against the person act

Question 3

wounding and inflicting GBH with intent section

Answer 3

s18 offences against the person act

Question 4

actus reus of wounding and inflicting GBH

Answer 4

wounding
inflicting
grievous bodily harm

Question 5

mens rea of wounding and inflicting GBH

Answer 5

intention to cause someone harm
or
subjective recklessness to cause someone harm

Question 6

wounding definition

Answer 6

‘anything that cuts or breaks the continuality of the skin’

Question 7

case laws that define wounding

Answer 7

Moriarty v Brookes 1834
R v Wood 1830
JCC v Eisenhower 1983

Question 8

Moriarty v Brookes 1834

Answer 8

A small cut below the eye IS a wound

Question 9

R v Wood 1830

Answer 9

A broken collarbone which does not break
the skin IS NOT a wound

Question 10

JCC v Eisenhower 1983

Answer 10

Internal bleeding in the eye caused by
firing a pellet gun IS NOT a wound

Question 11

inflicting

Answer 11

usual rules of causation
factual cause (r v white)
legal cause (r v kimsey)
chain of causation (thin skull rule)

Question 12

grevious bodily harm cases to define

Answer 12

DPP v Smith
R v Saunders

Question 13

DPP v Smith - w/ intent

Answer 13

'’really serious harm’’

Question 14

R v Saunders

Answer 14

'’serious harm’’ that doesn’t need to be life threatening

Question 15

what else should be considered

Answer 15

age and vulnerability of victim
numerous lesser injuries done together
passing a disease
psychiatric harm

Question 16

age and vulnerability of victim case

Answer 16

R v Bollom (bruising a baby)

Question 17

numerous lesser injuries done together
case

Answer 17

R v Brown and Stratton

Question 18

passing a disease

Answer 18

R v Dica (HIV)

Question 19

psychiatric harm

Answer 19

R v Burstow (harrassment causing depression)

Question 20

mens rea- ‘maliciously’ meaning

Answer 20

intention to cause some harm or subjective recklessness to cause some harm

Question 21

cases to prove mens rea

Answer 21

R v Savage
R v Cunningham

Question 22

R v Savage

Answer 22

confirmed ‘maliciously’ meant ‘intention’ or ‘recklessness’

Question 23

R v Cunningham

Answer 23

confirmed the test for recklessness is subjective (some harm)

Question 24

wounding and inflicting gbh with intent sentence

Answer 24

max sentence is life
only can be seen in the crown court

Question 25

actus reus of s18 offences against the person act

Answer 25

wounding or inflicting grievous bodily harm

Question 26

mens rea

Answer 26

intention to cause really serious harm or resist

Question 27

case law for mens rea of s18

Answer 27

R v Taylor 2009 R v Nedrick and Woollin

Question 28

R v Taylor

Answer 28

An intention to wound is not enough by itself. There must be an intention to cause really serious harm.

Question 29

R v Nedrick and Woollin

Answer 29

Oblique intention is only available if the defendant foresaw really serious harm as a virtually certain consequence.

Question 30

intention to resist arrest case

Answer 30

R v Morrison

Question 31

wounding and inflicting GBH sentence and court

Answer 31

6 months or £5000 fine crown or magistrates