Mens Rea
- To establish the MR of s18, the defendant must first have the mens rea for s20, which is maliciously. This means
intention or recklessness as to some harm.
- In addition, for s18 to apply, the defendant must have an additional type of mens rea known as ulterior intent.
- S18 has two types of ulterior intent. The defendant must have one of them:
1) The defendant intends GBH
2) The defendant inflicts GBH, whilst intending to resist or prevent the lawful arrest or detainment of any person.
- The first form of ulterior intent is much more common as to establish it, the defendant must commit the actus reus
of GBH, whilst intending GBH. This means that recklessness is not enough.
- The second form of ulterior intent is less common as to establish it, the defendant must commit the AR of GBH,
whilst intention to resist or prevent the lawful arrest or detainment of any person. For this is mean that
recklessness as to GBH may be enough.
Actus Reus:
- It is either to inflict a wound on the victim or inflict GBH on
the victim.
- ‘Wound’ means a break to both layers of the skin (Moriarty V NON – FATAL OFFENCES
Brookes). As a result, broken bones, bruising, and internal Grievous Bodily Harm
bleeding are excluded from the definition. In practice, only
more serious cuts will be charged under section 20.
- GBH means ‘really serious harm’ DPP V Smith. It is a question Definition: ‘whosoever shall unlawfully and maliciously by any
of fact, for the judge to decide. In Bollom, it was clarified that means whatsoever would or cause any GBH to any person with
when assessing the seriousness of any injuries, the jury may intent to do some GBH to any person, or with intent to resist or
take into account the health and age of the victim. prevent the lawful apprehension or detainer of any person, shall be
- Just like ABH, Psychiatric harm can qualify as GBH. This was guilty of an offence, and shall be liable to imprisonment for life.’
establishes in R V Burstow: the victim’s psychiatric injuries
were so serious that they qualified as really serious harm
(GBH).
- In R V Dica, the defendant had consensual unprotected sex Section 18 of the OAPA 1861 is also known as GBH with intent. It is the most
with two women, without telling that he was HIV positive. Both serious non-fatal offence against the person and carries a maximum
women were infected and the defendant was convicted of S20 sentence of life imprisonment.
GBH. It was held that the woman were incapable of consenting
to GBH.
, Actus Reus:
- It is either to inflict a wound on the victim or inflict GBH on the victim.
- ‘Wound’ means a break to both layers of the skin (Moriarty V Brookes). As a result, broken bones, bruising, and internal bleeding are
excluded from the definition. In practice, only more serious cuts will be charged under section 20.
- GBH means ‘really serious harm’ DPP V Smith. It is a question of fact, for the judge to decide. In Bollom, it was clarified that when
assessing the seriousness of any injuries, the jury may take into account the health and age of the victim.
- Just like ABH, Psychiatric harm can qualify as GBH. This was establishes in R V Burstow: the victim’s psychiatric injuries were so serious
that they qualified as really serious harm (GBH).
- In R V Dica, the defendant had consensual unprotected sex with two women, without telling that he was HIV positive. Both women
were infected and the defendant was convicted of S20 GBH. It was held that the woman were incapable of consenting to GBH.
Mens Rea NON – FATAL OFFENCES
- The MR of s20 GBH is ‘maliciously’, which mean Grievous Bodily Harm
intentionally or recklessly. But intention or recklessness
as to some harm (R V Savage and R V Parmenter. So, the The offence of GBH can be found in section 20 of the OAPA 1861.
defendant must either: intend some harm to the victim, Like S47 ABH, it can be tried in either the Mags court or the Crown
or be reckless as to causing some harm to the victim. Court, and it carries a maximum sentence of 5 years’ imprisonment.
- Reckless is subjective not objective. The leading case on
this point is R V Cunningham. Applying this to S20 GBH, Definition: ‘whoever shall unlawfully and maliciously wound or
this means that a defendant would be reckless if he inflict any GBH upon any other person, shall be liable to
foresaw that his conduct carried a risk or GBH to the imprisonment for a term not exceeding 5 years.
victim, but decided to run the risk anyway.
- In Dica, although he didn’t intend to infect them, he was
subjectively aware of the risk of some harm, but decided
to take the risk anyway and this resulted to him being
convicted.
- To establish the MR of s18, the defendant must first have the mens rea for s20, which is maliciously. This means
intention or recklessness as to some harm.
- In addition, for s18 to apply, the defendant must have an additional type of mens rea known as ulterior intent.
- S18 has two types of ulterior intent. The defendant must have one of them:
1) The defendant intends GBH
2) The defendant inflicts GBH, whilst intending to resist or prevent the lawful arrest or detainment of any person.
- The first form of ulterior intent is much more common as to establish it, the defendant must commit the actus reus
of GBH, whilst intending GBH. This means that recklessness is not enough.
- The second form of ulterior intent is less common as to establish it, the defendant must commit the AR of GBH,
whilst intention to resist or prevent the lawful arrest or detainment of any person. For this is mean that
recklessness as to GBH may be enough.
Actus Reus:
- It is either to inflict a wound on the victim or inflict GBH on
the victim.
- ‘Wound’ means a break to both layers of the skin (Moriarty V NON – FATAL OFFENCES
Brookes). As a result, broken bones, bruising, and internal Grievous Bodily Harm
bleeding are excluded from the definition. In practice, only
more serious cuts will be charged under section 20.
- GBH means ‘really serious harm’ DPP V Smith. It is a question Definition: ‘whosoever shall unlawfully and maliciously by any
of fact, for the judge to decide. In Bollom, it was clarified that means whatsoever would or cause any GBH to any person with
when assessing the seriousness of any injuries, the jury may intent to do some GBH to any person, or with intent to resist or
take into account the health and age of the victim. prevent the lawful apprehension or detainer of any person, shall be
- Just like ABH, Psychiatric harm can qualify as GBH. This was guilty of an offence, and shall be liable to imprisonment for life.’
establishes in R V Burstow: the victim’s psychiatric injuries
were so serious that they qualified as really serious harm
(GBH).
- In R V Dica, the defendant had consensual unprotected sex Section 18 of the OAPA 1861 is also known as GBH with intent. It is the most
with two women, without telling that he was HIV positive. Both serious non-fatal offence against the person and carries a maximum
women were infected and the defendant was convicted of S20 sentence of life imprisonment.
GBH. It was held that the woman were incapable of consenting
to GBH.
, Actus Reus:
- It is either to inflict a wound on the victim or inflict GBH on the victim.
- ‘Wound’ means a break to both layers of the skin (Moriarty V Brookes). As a result, broken bones, bruising, and internal bleeding are
excluded from the definition. In practice, only more serious cuts will be charged under section 20.
- GBH means ‘really serious harm’ DPP V Smith. It is a question of fact, for the judge to decide. In Bollom, it was clarified that when
assessing the seriousness of any injuries, the jury may take into account the health and age of the victim.
- Just like ABH, Psychiatric harm can qualify as GBH. This was establishes in R V Burstow: the victim’s psychiatric injuries were so serious
that they qualified as really serious harm (GBH).
- In R V Dica, the defendant had consensual unprotected sex with two women, without telling that he was HIV positive. Both women
were infected and the defendant was convicted of S20 GBH. It was held that the woman were incapable of consenting to GBH.
Mens Rea NON – FATAL OFFENCES
- The MR of s20 GBH is ‘maliciously’, which mean Grievous Bodily Harm
intentionally or recklessly. But intention or recklessness
as to some harm (R V Savage and R V Parmenter. So, the The offence of GBH can be found in section 20 of the OAPA 1861.
defendant must either: intend some harm to the victim, Like S47 ABH, it can be tried in either the Mags court or the Crown
or be reckless as to causing some harm to the victim. Court, and it carries a maximum sentence of 5 years’ imprisonment.
- Reckless is subjective not objective. The leading case on
this point is R V Cunningham. Applying this to S20 GBH, Definition: ‘whoever shall unlawfully and maliciously wound or
this means that a defendant would be reckless if he inflict any GBH upon any other person, shall be liable to
foresaw that his conduct carried a risk or GBH to the imprisonment for a term not exceeding 5 years.
victim, but decided to run the risk anyway.
- In Dica, although he didn’t intend to infect them, he was
subjectively aware of the risk of some harm, but decided
to take the risk anyway and this resulted to him being
convicted.
