Grievous Bodily Harm (GBH) S20

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17 Terms

1

What is GBH S20?

Unlawful wounding or unlawful infliction of GBH and maliciously and intentionally or recklessly causing “some harm”

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2

Actus Reus

Unlawful wounding or unlawful infliction of GBH

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3

Wounding

Requires breaking the top 2 layers of skin

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4

Wounding (Case)

R v Eisenhower

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5

GBH

Really serious harm

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6

GBH (Case)

R v Smith

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7

R v Ireland

Psychiatric injury can be GBH

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8

Unlawful Wounding/GBH

Unlawful unless there’s a lawful reason for inflicting it (consent, self-defence, police officer arresting suspect)

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9

Mens Rea

Maliciously and intentionally or recklessly causing “some harm”

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10

Intention

A decision by D to bring about a prohibited consequence; it is a deliberate act

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11

Intention (Case)

R v Mohan

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12

Recklessness

A conscious risk

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13

Recklessness (Test)

Cunningham Test

  • D realised there was a risk

  • D decided to take the risk anyway

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14

R v Savage

D only intend or be reckless that their acts could have caused “some harm” (no need to prove “really serious harm” was intended)

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15

What Act is GBH S20 Under?

S20 Offences Against the Person Act 1861

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16

What is the Maximum Sentence for GBH S20?

5 Years Imprisonment

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17

What Type of Offence is GBH S20?

Triable Either Way

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