Grievous Bodily Harm

• Where is GBH defined?

  s20 and s18 of Offences Against the Person Act 1861
• The actus reus of GBH is to inflict GBH
• DPP v Smith [1961]


  Grievous means serious. Injuries don't need to be permanent.
• R v Burstow [1997]


  GBH can be serious psychiatric harm
• R v Dica [2004]


  GBH can be serious biological harm
• R v Bollom [2003]


  Age and health can be considered when deciding if the injuries amount to GBH.
• R v Martin [1881]


  GBH can be committed indirectly
• Section 20 OAPA [1861]

  Direct intention or recklessness as to cause some harm. Malicious infliction.
• R v Mowatt [1968]


  Section 20, malicious infliction of GBH.
• R v Belfon [1976]


  Section 18, causing GBH with intent.
• Section 18 OAPA [1861]

  Direct or oblique intention to cause really serious harm. Causing GBH with intent.
• GBH can be :

  1. psychological harm
  2. biological harm
  3. an accumulation of smaller injuries
  4. determined by age and health of V
  5. committed indirectly
• There is no difference in section 20 and 18 injuries. The difference is the mens rea.
• s18 OAPA alternative mens rea

  Causing GBH with intention to resist arrest and intention or recklessness as to causing some harm.
• Elements of GBH

  1. V suffered grievous harm
  2. D inflicted the GBH
• R v Brown and Stratton [1998]


  GBH can be an accumulation of smaller injuries. Totality principle.