GBH

• S20 OAPA 1861 actus reus - GBH


  Wound or inflict grievous bodily harm upon any person.

  •Triable either way – Can be tried in either magistrates or Crown Court

  •Maximum sentence of 5 years in Crown Court

  •12mths in Magistrates
• Wounding 

  defined in

  Eisenhower (1994)

  as a breaking of the whole skin with external bleeding.
• Grievous bodily harm

  defined in

  Smith (1961)

  as really serious harm

  and in Saunders (1985)

  serious harm.
• Burstow (1997)


  serious psychiatric harm can be GBH.
• Bollom (2004)


  injuries which would be ABH on an able bodied victim might be GBH on a vulnerable victim such as child, elderly or disabled person.
• Dica (2004)


  defendant infected 3 women with HIV.  biological GBH. 
• Brown & Stratton


  several ABH injuries can amount to GBH.
• s20 Mens Rea

  The Act uses the word maliciously.

  Cunningham

  The court stated that the word ‘maliciously’ in relation to s20 meant ‘intention or subjective reckless’. Cunningham was not guilty as he did not appreciate the risk that when he broke into the gas meter in his own home it would leak next door.
• GBH Mens rea

  Mowatt (1976) 

  the court stated that the mens rea of S20 is either an intention or subjective recklessness to cause some harm to the victim.
• Parmenter (1991)

  defendant threw his baby in the air playing a game. The baby was injured. He had done this with his other children and they had not come to harm. 

  Not guilty of GBH as he did not intend some harm, nor did he foresee harm. guilty of S47 as the baby was injured and the mens rea is simply the intention or recklessness to commit battery which he had.
• S18  OAPA 1861 actus reus


  •GBH with intent

  •Indictable offence.

  •Tried only in Crown Court

  •Maximum life sentence
• Defintion and actus reus of s18

  Wound or cause GBH

  •Belfon

  slashed victim with razor

  The actus reus is to wound or cause any grievous bodily harm or resist arrest.
• Definitions of wound and GBH are the same as for s20 despite the use of word ‘cause’ instead of ‘inflict’ in the Act.
• S18 Mens rea

  •Intention to cause grievous bodily harm.

  The intention can be direct or indirect intent and has the same meaning as for murder

  •Must prove defendant intended to cause GBH•
• Taylor (2009)


  intention to wound was not sufficient unless the wound also amounted to GBH.