GBH and GBH with intent

Recap OAPA 1861 – s47

Create model for answering scenario

questions

State AR and MR for sections 20 and 18 of

OAPA

Explain the difference

Use cases to illustrate the difference

Apply this knowledge to scenario questions

http://www.ipswichstar.co.uk/news/witham

_clacton_man_found_guilty_of_gbh_sentence

d_for_10_years_1_1806119

What was D charged with?

Which court was the trial heard in?

What sentence did he receive?

“Whosoever shall unlawfully and maliciously

wound or inflict any grievous bodily harm upon

any person, either with or without any weapon

or instrument, shall be guilty of an offence”

Triable either way

Max sentence = 5 years

Malicious wounding or GBH – depends on

injuries

ACTUS REUS

1. Unlawful

2. Wound

3. Grievous bodily harm

MENS REA

“maliciously” = intentionally or recklessly as to

some unlawful harm, or risk that such harm

might occur

Without consent

Tattooing / piercing – age restrictions plus

consent is vital

Certain sports require a level of consent

Boxers are allowed to punch each other – IN

THE BOXING RING, NOT IN THE PRESS

CONFERENCE!!

A break in the surface of the skin

Both layers

Blood

JCC V Eisenhower (1984)

V was hit in the eye by an air pellet. Suffered

bruising and internal bleeding – but no break in

the skin so no wounding

Brown and Stratton (1998)

“Really serious harm”

Father attacked son with a chair, causing

broken nose, three lost teeth and

concussion.

Together, injuries =GBH

Bollom (2003)

V’s age and health can be taken into account –

severe bruising can be GBH if V is very young

or frail and elderly

Dica (2004)

Knowingly passing on a disease can be GBH

Burstow 1997

V suffered severe depression

GBH

“Maliciously”

Common in older Acts

Discussed in Cunningham (1957) and Savage (1991)

Maliciously means intentionally or recklessly

Ms Savage did not intend to cause serious injuries to Miss Beal, but she had been reckless

In order to prove that D acted maliciously he must have intended his act to result in someunlawful harm, albeit minor, or was subjectively reckless as to the risk that his act might result in such harm

Parmenter 1991 D throwing 3month old baby into

the air without realising he could injure it

not GBH – no intent or recklessness as to injury

ABH, injury slight

“Whosoever shall unlawfully and maliciously by

any means whatsoever wound or cause any

grievous bodily harm to any person,

with intent

to do some grievous bodily harm to any person,

or with intent to resist or prevent the lawful

apprehension or detainer of any person”

Triable only on indictment

Crown Court only

Max sentence = life

ACTUS REUS

Wounding or GBH as set out in s20

MENS REA

Malicious (as above) but also a further specific

intent to do some grievous bodily harm to V or

to resist or prevent or arrest

D slashed V with a razor, causing severe

wounds to his face and chest

Court said that in order to establish the

offence under s18 it was essential to prove

the specific intent

Recklessness as to such harm occurring would

NOT be sufficient

WPC arrested D, who tried to escape and

pulled her through a glass window. D must

realise there was a risk of injury and take the

risk

Offence Actus Reus Injury required Mens Rea

Assault Causing V to fear

immediate

unlawful force

None Intention or

recklessness as to

causing fear

Battery Application of

unlawful force

None Intention or

recklessness as to

applying force

S47 Assault

occasioning

actual bodily

harm

Actual harm – eg

bruising

Includes

psychiatric harm

Intention or

recklessness as to

putting V in fear

of unlawful force

or applying

unlawful force

S20 Wounding or

inflicting grievous

bodily harm

Wound – break in

the skin

Or really serious

bodily harm

Intention or

recklessness as to

some harm

S18 Wounding or

inflicting grievous

bodily harm

Wound or really

serious harm as

above

Specific intent to

wound or cause

grievous bodily

harm or resist

arrest

In a football match Danny is kicked by Victor. This causes bruising to Danny’s leg. Danny is annoyed at this and punches Victor in the face causing a cut to his lip

Anish is walking along a canal bank, Kim, who is in a hurry, pushes past him, knocking him into the canal. Anish hits his head in the side and suffers a fractured skull.

Karl waves a knife at Emma, saying “I am going to cut that silly smile off your face”. Emma is very frightened and faints. She falls against Nita, who is knocked to the ground and suffers bruising.

Was V injured? No Common assault or

battery

How serious was the

injury?

Slight Guilty s47 OAPA

Assault occasioning

actual bodily harm

Wound or really

serious injury

Did D intend to cause

serious harm?

No Guilty s20 OAPA

Yes, Guilty s 18 OAPA

Richard and his girlfriend Alison had a serious

argument, at the end of which Alison, in her

rage, picked up a kitchen knife and threw it

at Richard. It struck him in the shoulder and

caused a bad cut and and damaged tendons.

Use the same method as before.