Law 03 NFO s18 GBH

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What are the cases to support the actus reus of 18

Same AR for 18 and 20 GBH 

Eisenhower - A wound must be a break in the skin 

Smith - GBH is serious harm 

Saunders - Serious harm is enough for GBH 

Burstow - Psychiatric harm ie, harassment can be GBH as long as it's 'serious'

Dica - Infecting someone with HIV can be GBH 

Bollom - The circumstances of the victim can affect the charge (ie, a baby) 

Burstow - Inflict does'nt mean contact directly between D and V 

Martin - Causing trampling of people in a cinema by yelling fire was 'inflicting' the consequence 

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What are the cases to support factual causation in

Pagett - Supports the 'but for' test and therefore is the factual cause

White - Against the 'but for' test and cannot be liable 

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What are the cases to support the legal causation

Smith - If the defendant is the overwhemling cause of the harm they ar ethe legal cause 

Cheshire - Poor medical treatment will not break causation if D significantly contributed to the death 

Malcherek - Turning off life support doesnt break causation 

Roberts - Forseeable intervening acts will not break the causation 

Williams - Unreasonable acts will break causation 

Cato - If D suplies/injects V with drugs there is no break in caustaion 

Kennedy - Self-injection of drugs does break causation 

Blaue - Particular weaknesses in the V will not break causation (Think Skull Rule) 

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What are the cases to support the mens rea of 18GB

Intention  - direct (decsion) or indirect (virtual certainty and its appreciated) 

Mohan - States intenton is the decision to bring about the state of affairs 

Saunders - Intention to commit serious harm is needed

Belfon - Specific inetnt has to be established 

Woolin - If the actions of the defendant are virtually certain to bring about the consquences and the defendant appriciated this then indirect intention is satisfied 

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What is the case that supports transferred malice

Latimer - No name to mens rea, D does'nt need to hit the V intending to 

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What are the cases to support contemporaneity in 1

Fagan - Continuing act AR before MR 

Thabo Meli - Series of events MR before AR 

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