non-fatal offences: grievous bodily harm

Question 1

what is GBH governed by?

Answer 1

S18/S20 Offences Against the Person Act 1861

Question 2

what is the difference between S18 and S20?

Answer 2

S18: requires D to cause GBH
S20: requires D to inflict GBH

have the same meaning (Burstow)

Question 3

explain: actus reus of GBH

Answer 3

• really serious harm (Smith), serious harm (Saunders)
• D’s age and health relevant when deciding whether an injury amounts to GBH (Bollom)
• knowingly taking the risk of transmitting a disease to another w/o their knowledge can constitute GBH (Dica)
• GBH can be caused indirectly (Martin)
• GBH can be psychiatric harm or physical harm (Burstow)

Question 4

explain: S18 mens rea of GBH

Answer 4

• direct intent (Mohan): D’s aim to cause GBH to another
• direct intent to resist arrest (Morrison): D’s aim to resist arrest
• foresight of consequences (Woollin): virtually certain from D’s conduct that GBH or death would be caused to another, even though it was not their goal

Question 5

explain: S20 mens rea of GBH

Answer 5

• direct intent to cause some harm (Mowatt)
• recklessness (Cunningham): risk of some harm from D’s conduct, they realised this, but still chose to take the risk

Question 6

Burstow

Answer 6

cause and inflict have the same meaning

GBH can be either psychiatric harm or physical harm

Question 7

DPP v Smith

Answer 7

GBH is really serious harm

Question 8

Saunders

Answer 8

GBH is serious harm

Question 9

Bollom

Answer 9

v’s age and health were relevant when deciding whether an injury amounted to GBH

Question 10

Dica

Answer 10

knowingly taking the risk of transmitting a disease to another without their knowledge can constitute to GBH

Question 11

Martin

Answer 11

GBH can be caused indirectly

Question 12

Mohan

Answer 12

direct intent

Question 13

Morrison

Answer 13

direct intent to resist arrest

Question 14

Woollin

Answer 14

foresight of consequences

Question 15

Mowatt

Answer 15

direct intent to cause some harm

Question 16

Cunningham

Answer 16

recklessness