GBH Essay Model Answer

• Prima facie, the defendant (state name) may be charged with Grievous Bodily Harm (from here on in referred to as GBH) under the Offences Against the Person Act 1861 to the victim (state name), when they (state what happened).
• The definition of GBH was set out in DPP v Smith as 'really serious harm' but the harm doesn't have to be life threatening. The case of R v Saunders has later stated it can just be 'serious harm.' This can include physical injuries (such as in R v Bollom), psychiatric injuries (such as in R v Burstow - severe depression) or biological injuries (as in R v Dica).
• Consider if any of the following applies:

  The victim's age and health are relevant in deciding if the injuries amount to GBH as injuries caused to a child or elderly person will be more serious than the same injuries to a strong healthy adult as the case of R v Bollom establishes that they are deemed to be vulnerable victims.
• Additionally, a collection of relatively minor injuries collectively can amount to GBH (Brown and Stratton).
• As GBH is a result crime, causation must be proven. Factual causation will be established using the 'but for' test and the defendant's actions caused GBH (White).
• Legal causation must also be proven. The defendant will be de minimis (Kimsey) if they are more than a minimal cause and the operating and substantial cause if they are the most to blame (Smith).
• Check for New Intervening Acts:

  1. Victims own actions - reasonable, foreseeable, not daft = no break (Roberts)
  2. Victims self neglect - chooses not to go hospital, goes against hospital advice (Holland) or commits suicide (Wallace)
  3. Actions of a 3rd party - reasonable, foreseeable (Pagett)
  4. Palpably wrong medical treatment - (Jordan/Smith)
  5. Think skull rule (Blaue)
• Mens rea is the factor which determines if the defendant has committed a s.18 or s.20 offence.
• There are two different possible mens rea for GBH. Firstly, there is GBH under s.20 which can be satisfied when a defendant intentionally wants to cause some harm albeit not serious or recklessly sees the risk or causing some harm albeit not serious to the victim, but does it anyway. The defendant does not need to foresee serious injury, just some injury (Mowatt).
• Whilst the mens rea for s.18 inflicting GBH with intent is only satisfied if the defendant intentionally wants to cause really serious harm to the victim. The intent here can be direct or oblique however recklessness is not enough (R v Belfon).
• In conclusion the defendant will/will not be found guilty of the triable-either-way offence of GBH under s.20 of OAPA 1861 and face a sentence of up to 5 years imprisonment.
• In conclusion, the defendant will/will not be found guilty of the indictable offence of GBH under s.18 of OAPA 1861, tried in the Crown Court and face a sentence of up to life.