GBH S.18 and S.20

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Created by
Gabby Hogan

Cards (11)

  • What is the actus reus of S.20 GBH?
    The defendant unlawfully causes a wound or Grievous Bodily Harm to the Victim
  • What is the max sentence for s.20 GBH?
    5 years
  • What is a wound?
    A break of the continuity of the skin. Internal bleeding without a cut, isn’t GBH.
    JJC v Eisenhower:  The V was shot in the eye with a pellet gun and it didn’t penetrate the eye but caused severe bleeding below the surface. 
  • What is grievous bodily harm S.20?
    Really serious harm and this can be physical, psychiatric or deliberately inflicting the V with a serious disease
  • What cases defined GBH S.20?
    DPP v Smith: Defined GBH as ‘really serious harm’
    Saunder’s:  The harm doesn’t have to be life threatening and when directing the jury, he word ‘really’ can be removed.
    R v Bollom: Meant to severity of the injuries should be assessed by the V’s age and health. In this case, it was decided bruising a baby can be GBH.
  • What cases defined what could be classed as GBH S.20?
    R v Dica: Infecting someone purposefully can be seen as GBH. In this case, D had unprotected sex with 2 women without telling them he had HIV, they became infected
    R v Burstow:  Causing serious psychiatric harm can be seen as GBH. In this case, the D was stalking the V and she developed a severe depressive illness.
  • What is the mens rea for GBH S.20?
    The word used in S.20 is ‘maliciously.’ Cunningham decided it meant that: The D had the intent to do harm that was done or recklessness as to whether such harm should occur or not
    R v Parameter: Confirmed Cunningham’s definition of ‘maliciously’ should be applied to all offences that use it.
  • What is the actus reus of GBH S.18?
    The defendant wounds or causes GBH to the victim.
    The word cause is very wide so it is only necessary to prove the D’s act was a substantial cause the wound or GBH
  • What is the max sentence for GBH S.18?
    Life imprisonment
  • What is the mens rea for GBH S.18?
    The D intended to do some GBH or prevent a lawful arrest of a person
  • What are 2 cases for the mens rea of GBH S.18?
    R v Taylor: Intention to wound  isn’t sufficient, it has to be the intention to cause GBH.
    R v Morrison: The D tried to prevent his arrest by injured the officer in the process. Courts held the D can still be charged with causing GBH whilst resisting arrest