Transcript GBH - The Law Bank

Non Fatal Offences Against the Person
Non Fatal - GBH
Non Fatal Offences Against the Person
Non Fatal Offences – s.20 OAPA
1861 Wounding and Grievous Bodily
Harm
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Non Fatal Offences Against the Person
Non Fatal - GBH
Objectives
• Describe using authority the actus reus of s20 of the
Offences against the Person Act 1861
• Describe using authority the mens rea of s.20 of the
Offences against the Person Act 1861
• Apply the actus reus and mens rea of GBH/Wounding to
problem questions
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Non Fatal Offences Against the Person
Non Fatal - GBH
S.20 – Wounding or Inflicting Grievous Bodily Harm
• Second most serious of the non fatal offences found
in the OAPA 1861
• Either-way offence
• Five years (just like ABH!)
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Non Fatal Offences Against the Person
Non Fatal - GBH
Definition – OAPA 1861 s20
• Whosoever shall unlawfully and maliciously
wound or inflict any grievous bodily harm upon
any other person, either with or without a
weapon or instrument, shall be … liable to …
five years imprisonment.
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Non Fatal Offences Against the Person
Non Fatal - GBH
Actus Reus
• Unlawful Wounding
• OR
• Inflicting Grievous Bodily Harm
• D is charged with one or the other, if he has done
both then the prosecution must choose which one
he is charged with
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Non Fatal Offences Against the Person
Non Fatal - GBH
Different permutations
•
•
•
•
Intentional wounding
Intentional infliction of GBH
Reckless wounding
Reckless infliction of GBH
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Non Fatal Offences Against the Person
Non Fatal - GBH
Key Definitions
• GBH is a general term meaning ‘really serious
harm’ DPP v Smith [1961]
• A wound is a break in the continuity of the skin:
JCC v Eisenhower (1984)
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Non Fatal Offences Against the Person
Non Fatal - GBH
JCC v Eisenhower (1984)
Case Law
Assault - Assault - wounding or GBH - actus reus
D shot V with an air gun. The pellet hit V near the eye, resulting in a
bruise below the eyebrow and fluid filling the front of his eye.
Principle – A wound is a break in the continuity of the whole skin; an
internal rupturing of the blood vessels is not a wound.
Not Guilty of wounding
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Non Fatal Offences Against the Person
Non Fatal - GBH
Key Definitions
• GBH is a general term meaning ‘really serious
harm’ DPP v Smith [1961]
• A wound is a break in the continuity of the skin:
JCC v Eisenhower (1984)
• These two forms of actus reus cover a wide
range of harm.
• Often overlap
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Non Fatal Offences Against the Person
Non Fatal - GBH
Grievous Bodily Harm
• A collection of relatively minor injuries can
amount to GBH Brown and Stratton (1998)
• Injuries caused to a child or elderly person will
be more serious than the same injuries to a
strong healthy adult R v Bollom (2004)
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Non Fatal Offences Against the Person
Non Fatal - GBH
Infliction
• Always thought that GBH had to be inflicted on
the victim and that this meant something
different from s18 where it has to be caused
• There is no distinction between cause and inflict
in relation to psychiatric injury Burstow (1997)
• This also applies in relation to physical harm
(even if that meant through transmission of a
disease) Dica (2004) – Biological GBH (no need
for an assault or battery
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Non Fatal Offences Against the Person
Non Fatal - GBH
R v Dica (2004)
Case Law
Assault - biological GBH
D infected two women with HIV. Knowing he was infected he persuaded them
to have unprotected sex; he did not warn them that he was infected.
Principle – Guilty of causing grievous bodily harm. Sentenced to 8 years.
Guilty
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Non Fatal Offences Against the Person
Non Fatal - GBH
Mens Rea of s.20
• Must be done maliciously
• This means intention or subjective recklessness
Cunningham (1992)
• The prosecution does not have to prove that D
intended or foresaw the wound or GBH but has
to foresee that some harm might occur (Mowatt
(1976)
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Non Fatal Offences Against the Person
Non Fatal - GBH
R v Mowatt (1976)
Case Law
Assault - GBH - mens rea - intentional or reckless causing of some
physical harm
D struck V several times, knocking him unconscious. D's companion had taken
money from V. V had seized D by the lapels and demanded to know where D's
companion was.
Principle – Intention or recklessness as to the wound or GBH need not be
proved. Diplock LJ: "It is enough that [D foresaw] ... that some physical
harm to some person, albeit of a minor character, might result."
Guilty of wounding
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Non Fatal Offences Against the Person
Non Fatal - GBH
Mens Rea of s.20
• Must be done maliciously
• This means intention or subjective recklessness
Cunningham (1992)
• The prosecution does not have to prove that D
intended or foresaw the wound or GBH (Mowatt
(1976)
• Confirmed in DPP v A (2000)
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Non Fatal Offences Against the Person
Non Fatal - GBH
Objectives
• Describe using authority the actus reus of s20 of the
Offences against the Person Act 1861
• Describe using authority the mens rea of s.20 of the
Offences against the Person Act 1861
• Apply the actus reus and mens rea of GBH/Wounding to
problem questions
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