GBH

Question 1

JCC v Eisenhower 1984

Answer 1

V hit in eye with shotgun pellet. No penetration to the eye but caused severe bleeding under the surface.
Ratio:Even a broken bone is not considered a wound, unless the skin is also broken.
AR link: A wound is when the upper and lower levels of the skin are broken.

Question 2

DPP v smith 1961

Answer 2

A policeman tried to stop D driving off with stolen goods by jumping on the bonnet of the car. The d drove off at a speed and zigzagged in order to get the officer off his car. He was hit by oncoming traffic and died.
Ratio:GBH means really serious harm.
Mr link:Intention for GBH is now a subjective test.The old objective test does not apply.

Question 3

Moriarty v brookes 1834

Answer 3

D was a publician. He argued with a customer over payment dispute. D struck him causing a cut to open under his eye.
Ratio: wounding requires both layers of skin to be broken.
AR link:D did sound v as both layers of skin were broken.

Question 4

Parmenter 1991

Answer 4

D threw his child in the air and broke more than 1 limb.
Ratio: D must at least foresee some harm may result.
Mrlink: Subjective recklessness. D must foresee harm.

Question 5

Bollom 2003

Answer 5

A 17 month old child had bruising to her abdomen, arms and leg. D was convicted of GBH s.20
AR link: infliction GBH on any person.

Question 6

Wood 1830

Answer 6

The v collar bone was broken but the skin was intact.
Ratio: a broken bone is not a wound.
AR link: The upper and lower levels of skin must be broke. For a wound.

Question 7

Cunningham 1957

Answer 7

Gas leak case.
Ratio:Maliciously simply means an intention to do a particular kind of harm that was done or recklessness as to whether such harm should occur or not.
Mr link: Subjective recklessness. D must foresee harm.

Question 8

Burstow 1994

Answer 8

D carried out 8 month campaign against ex-girlfriend including silent and abusive phone calls and hate mail. She suffered from severe depression cause of this.
Ratio:psychiatric injury can amount to bodily harm.
AR link: bodily harm need not to be physical.

Question 9

Dica 2004

Answer 9

D had consensual intercourse with the two victims but failed to inform them he was hiv positive and both were infected.
Ratio:intent to spread virus can be GBH
AR link: Biological GBH and amount to s.20

Question 10

Lewis 1974

Answer 10

D shouted threats to his wife through the door of a second floor window- she was scared so jumped and broke both legs.
Ratio: A technical assault or battery is not always needed.
AR link. Inflict has a very broad meaning