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Grievous Bodily Harm (GBH) (Mens Rea (Intention or subjective recklessness…
Grievous Bodily Harm (GBH)
S.20 Offences Against the Person Act 1861 (OAPA)
Malicious wounding or inflicted GBH
AR can either be a wound or GBH
S.20
WOUND
Moriarty V Brooks
: break to the 2nd layer of the skin
Eisenhower
: internal injuries are not a wound
An internal cavity that bleeds out (not internal bleeding), is a wound
E.g. D punches Vs nose which bleeds out from the nasal cavity
GBH
DPP V Smith
: GBH means "really serious harm"
Dugdale & Furmstone
: requires hospital treatment
Physical, psychiatric, deliberate infection with a serious disease (biological)
Burstow
: a campaign of harassment causing psychiatric illness was GBH
Dica
: passing HIV to V
Goulding
: passing genital herpes to V
Contact does not have to be direct
(Burstow)
Bollom
: the severity of the injuries need compared to Vs age and health
Mens Rea
Intention or subjective recklessness to cause some harm
D does not need mens rea for the serious harm that V actually suffers
All of this was confirmed in
Parmenter