Assault with intent to do Grievous Bodily Harm Flashcards
define GBH
The application of force with the intention to do grievous bodily harm
what are the elements of GBH
Assault (intentionally + unlawfully applying force to another person or inspiring a belief of imminent use of force)
unlawfulness
intent
Grievous bodily harm
what must be proved in the assault element of GBH
There must be conduct amounting to assault but actual force (direct/indirect force) must be used.
what must be proved in the intent element of GBH
it is not req that the victim actually suffers GBH, sufficient that the accused intended GBH. Normally established by inference of objective facts
what does the element of GBH Entail
harm which seriously interferes with health
it does not need to be permanent harm
summarise the case of S v Bergh in light of GBH
The accused was convicted and sentenced for 2 years and on appeal contending that he should have been convicted of common assault.
The accused and complainent were married then divorced but later started living together again.
there was ongoing domestic issues
accused assaulted her- hit her on nose, kicked her and pushed her against cupboard
this was examined by the doctor and reveled swelling in nose and head; multiple lacerations on arms/thighs/back and abdomen, the accused did not explain this
court had examined factors above and although there was no weapon used, the extent of the injury satisfied the req of assault with the intent to do GBH
the court confirmed the conviction
summarise the case of S v Smith in relation to GBH
a group of policemen set dogs on 3 allegedly illegal immigrants as part of a training exercise and then taped an assault
they were convicted and sentenced for Assault GBH and then appealed unsuccessfully
list the factors stated in S v Zwezwe
The nature of the weapon used and in what manner it was used
The degree of force used and how such force was used
The part of the body aimed at; and
the nature of the injury, if any, which was sustained
