Criminal- GBH Flashcards
Wounding..
A wound is a break to the 2nd layer of skin (Moriarty v Brooks)
Internal bleeding isn’t a wound ( Eisenhower)
A wound can be a bleed out from an internal cavity (nose bleed)
Actus Reus
Wounding or inflicting gbh on the victim
Gbh…
really serious bodily harm (DPP v Smith)
Usually requires hospital treatment (Dugdale v Furnstone)
Can be physical, psychiatric, or clinical
Burstow- V suffered serious psychiatric harm from D
Dica- d had sex with 2 woman knowing he had given, this was serious clinical harm
Gbh can be inflicted indirectly (Burstow)
Mens rea gbh(s20)
Intentionally or recklessly as to some harm
We need too only prove that d intentionally or recklessly wanted to cause some harm to V, not the serious harm that was produced
Mens tea gbh(s18)
Intention to cause serious harm
Belfon- recklessness is never enough for section 18