grievous bodily harm

• Section 20 of the Offences Against the Person Act 1861 is also known as malicious wounding or malicious infliction of grievous bodily harm.
• Section 18 of the offences against the person act 1861 is also known as wounding or causing grievous bodily harm with intent
• The Actus reus of both sections 18 and 20 of the offences against the person act 1861 is the same:

  • The defendant wounds or inflicts grievous bodily harm on the victim with or without a weapon.
  • wounding means to break all layers of the skin
  • grievous bodily harm refers to a really serious injury, this includes physical harm and diagnosed psychiatric injury
• what is the significance of the case of JCC v Eisenhower?

  It defines a wound as when all layers of the skin are broken.
• which case defines a wound as when all layers of the skin are broken?

  JCC v Eisenhower
• what is the significance of the case of dpp v smith?

  It defines grievous bodily harm as nothing more or no less than really serious harm.
• which case defines grievous bodily harm as nothing more or no less than really serious harm?

  DPP v smith
• what is the significance of r v burstow?

  It added serious psychiatric harm to the definition of grievous bodily harm.
• which case added serious psychiatric harm to the definition of grievous bodily harm?

  r v Burstow
• Which cases added the transmission of STDs to the definition of GBH?

  r v Dica and r v Golding
• what is the significance of r v brown and stratton?

  A series of minor injuries can amount to grievous bodily harm
• what is the men's rea of section 20 OAPA 1861?

  D must intend or be reckless that his conduct could cause some harm (physical or psychiatric) but not necessarily serious injury
• what is the significance of the case r v parmenter?

  It confirms that the prosecution must prove that the defendant either intended to cause another person harm or that the defendant was subjectively reckless as to whether another person suffered some harm. there is no need for the defendant to foresee the level of seriousness of the injury they inflict.
• which case confirms that the prosecution must prove that the defendant either intended to cause another person harm or that the defendant was subjectively reckless as to whether another person suffered some harm. there is no need for the defendant to foresee the level of seriousness of the injury they inflict?

  R v Parmenter
• what is the men's rea of section 18 OAPA 1861?

  D must intend grievous bodily harm (ie intend really serious harm, either physical harm of psychiatric harm).
• What case defines the men's rea of section 18 of the OAPA 1861?

  r v Belfon