Grievous Bodily Harm or Wounding

[Flash Card 1 of 2]

• section 20 / either way offence / maximum 5yrs imprisonment
• section 18 / indictable offence / maximum life imprisonment

Actus reus GBH (s20 and s18):

Unlawful:

• Must be unlawful / context s20 usually means no consent

Wounding:

• Requires break in skin / blood / wound
• V hit by airgun pellet / eye internal bleeding / no break skin no wounding (JCC v Eisenhower)

Grievous Bodily Harm:

• Ordinary & natural meaning / really serious harm
• Combined injuries / broken nose, 3 lost teeth & concussion / amounted to GBH (Brown & Stratton)
• D had sex with Vs / knowing HIV positive / Vs contracted / convicted GBH (Dica)
• Vs age may be relevant/ bruises on baby sufficient (Bollom)

bits of law

Grievous Bodily Harm or Wounding

[Flash Card 1 of 2]

Mens rea GBH (s20):

Maliciously:

• Confirmed maliciously meant intentionally or recklessly (Savage)
• Sufficient prove intended some unlawful bodily harm / even minor / or subjectively reckless to risk
• Lord Diplock: ..It is enough that he should have foreseen that some physical harm to some person, albeit of a minor character, might result... (Mowatt)
• foreseeing harm might occur is sufficient (A v DPP)

Mens rea GBH (s18):

Maliciously:

• as under GBH (s20)

Specific intent

• Further specific intent must be proved
• Prove D intended grievous bodily harm to V / resist or prevent lawful arrest or detention
• D slashed V with razor / V severe wounds face & chest / held essential to prove specific intent / foreseeing such harm or being reckless insufficient (Belfon)
• Sufficient if D foresaw that GBH or wounding was virtual certainty as a result of his conduct (Nedrick)

bits of law