CASES – S.18 Offences Against the Person Act 1861 GBH
(causing)
ACTUS REUS:
R v Burstow- confirmed inflicting means causing, D’s actions must have led to the
V’s injuries & serious psychiatric injury like severe depression can be GBH
JJC v Eisenhower - requires both layers of skin to have been broken (cut or break in
the continuity of the whole skin)
R v Wood – unless broken bone sticking out the skin then not a wound but GBH
DPP v Smith – GBH means really serious harm
R v Bollom – assess severity of V’s injuries based on victims particular characteristics
like age and health to determine whether GBH inflicted, bruising on a baby constituted
as GBH
R v Brown and Stratton – combination of injuries could amount to GBH, V suffered
broken nose teeth and cut by eye
R v Dica - deliberately infecting another with HIV or serious sexually transmitted
diseases is GBH
CAUSATION:
R v Pagett, R v Jordan, R v Smith, R v Blaue
MENS REA:
R v Woollin – indirect intention: was it virtually certain GBH would occur
R v Mohan – direct intention test main aim or purpose?
R v Latimer transferred malice, R v Fagan coincidence
(causing)
ACTUS REUS:
R v Burstow- confirmed inflicting means causing, D’s actions must have led to the
V’s injuries & serious psychiatric injury like severe depression can be GBH
JJC v Eisenhower - requires both layers of skin to have been broken (cut or break in
the continuity of the whole skin)
R v Wood – unless broken bone sticking out the skin then not a wound but GBH
DPP v Smith – GBH means really serious harm
R v Bollom – assess severity of V’s injuries based on victims particular characteristics
like age and health to determine whether GBH inflicted, bruising on a baby constituted
as GBH
R v Brown and Stratton – combination of injuries could amount to GBH, V suffered
broken nose teeth and cut by eye
R v Dica - deliberately infecting another with HIV or serious sexually transmitted
diseases is GBH
CAUSATION:
R v Pagett, R v Jordan, R v Smith, R v Blaue
MENS REA:
R v Woollin – indirect intention: was it virtually certain GBH would occur
R v Mohan – direct intention test main aim or purpose?
R v Latimer transferred malice, R v Fagan coincidence
