Grievous Bodily Harm (GBH) S18

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15 Terms

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What is GBH S18?
Unlawful wounding or unlawful infliction of GBH with intention to cause GBH
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Actus Reus
Unlawful wounding or unlawful infliction of GBH
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Wounding
Requires breaking top 2 layers of skin
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Wounding (Case)
R v Einsenhower
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GBH
Really serious harm
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GBH (Case)
R v Smith
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R v Ireland
Psychiatric injury can be GBH
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Unlawful Wounding/GBH
Unlawful unless there is a lawful reason for inflicting it (consent, self-defence, police officer arresting suspect)
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Mens Rea
Intention to cause GBH
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Intention
A decision by D to bring about a prohibited consequence
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Intention (Case)
R v Mohan
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Is it Easy to Prove Intention for GBH S18?
* No as the jury must be convinced that D intended to cause “really serious harm” which is a very high standard of proof
* Factors are looked at including the way the injures were caused, the severity of the injuries and the number of injuries inflicted
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What Act is GBH S18 Under?
S18 Offences Against the Person Act 1861
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What is the Maximum Sentence for GBH S18?
Life Sentence
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What Type of Offence is GBH S18?
Indictable Offence