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GRIEVOUS BODILY HARM WITH INTENT, S.18 Offences Against The Person Act…
GRIEVOUS BODILY HARM WITH INTENT
WHERE DOES IT COME FROM?
DEFINITION
WOUND
GRIEVOUS BODILY HARM
MENS REA
S.18 Offences Against The Person Act 1861
Malicious wounding or causing GBH with intention to do the same.
AR can either be a wound or GBH.
Break to the 2nd layer of the skin. (Moriarty v Brooks)
Internal injuries are not a wound. (Eisenhower)
An internal cavity that bleeds out, is a wound.
GBH means “really serious harm”. (DPP v Smith)
Requires hospital treatment. (Dugdale & Furmstone)
Physical, psychiatric, biological.
Contact does not have to be direct (Burstow: a campaign of harassment causing psychiatric illness)
Dica : Passing HIV to V.
Bollom : The severity of the injuries need compared to V’s age and health.
Intention to cause serious harm.
Recklessness is not sufficient (Belfon)