GBH - S18

• Causing injury quote and intention level required


  "Resist or prevent the lawful apprehension or detainer of any person...' Recklessness and specific intention to prevent arrest.
• GBH S18 can be established if D does following things

  A repeated or planned attack. Deliberate selection of a weapon or adaptation of an article to cause injury, such as breaking a glass before an attack. Making prior threats. Using an offensive weapon against, or kicking the victim's head.
• For S18 GBH MR it must be shown that D:

  Intending to cause GBH OR resist or prevent the lawful apprehension or detainer of any person.
• What are the 4 ways GBH can be caused?

  DA, CA, IA, Omission
• How to confirm injuries as GBH?

  Use R v Smith and Saunders to confirm injury is justified.
• Knowingly giving STI = GBH


  R v Dica (2004)
• psychiatric injury can be GBH

  R v Burstow (1997)
• Severity injuries assessed according to V's age, vulnerability and health


  R v Bollom (2004)
• Jury can be directed without word really

  Saunders (1985)
• GBH = really serious harm

  R v Smith (1961)
• What act defines a wound with quote?

  JJC v Eisenhower [1984]"A cut or break in the continuity of the skin, causing external bleeding".
• When GBH is not unlawful

  When acting in self defense, defense of another person or prevention of a crime. Where person has consented or where the injury results from properly conducted games.
• It must also be shown for the AR of S18 GBH that?

  The defendant has either unlawfully wounded the victim or caused grievous bodily harm.