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Gross Bodily Harm (s18 OAPA (1861) (what does the offence cover? (causing…

- - - - only necessary to prove that D's act was a substantial cause of wound
  - - - must prove D intended to do some GBH or resist/ prevent the lawful apprehension or detainer of any person
    - - intent requires either direct intent under R v Mohan or oblique in that the harm caused was a 'virtual certainty'
    - - CA held that 'maliciously' has the same meaning as in Cunningham, so the prosecution must prove that D either intended injury or realised that there was a risk of injury and took that risk
- - - - the severity of the injuries should be assessed according the V's age and health
    - - a clinically diagnosed psychiatric injury may result in GBH
    - - GBH is 'really serious harm'
      - doesn't have to be life threatening
    - - infecting someone with HIV+ by having consented unprotected sex abd failing to tell them thst you're HIV+ is GBH
    - - can include 'indirect' harm
        
        doesn't require assault/ battery
      - Lord Hope - 'no difference between s20 inflict and s18 cause
  - - - only have to intend/ be reckless as to intend some injury, if so reckless as to causing GBH/ wounding
  - - - must be external bleeding, not just internal
    - - broken bone is only GBH not wounding unless skin breaks
- - - - serious harm = DPP v Smith
      - can be physical or mental = R v Burstow
  - - - intended (direct or oblique) or reckless (R v Cunningham) as to whether harm caused
      - only intend/reckless as to some injury being caused (R v Mowatt)
    - - specific intent offence
        
        must prove the D had direct (R v Moham)/ oblique (R v Woolin) (R v Matthews & Eleyne) intent for GBH