GBH and Wounding Flashcards

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1
Q

Which act?

A

s.20/18 OAPA 1861

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2
Q

Definition of GBH under s.20

A

“whoever shall unlawfully and maliciously wound or inflict any GBH upon another person, with or without any weapon or instrument”

Liable to maximum 5 years

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3
Q

Definition of GBH under s.18

A

“whoever shall unlawfully and maliciously by any means wound or cause GBH upon any other person with intent to do GBH or intent to resist arrest”

Liable for Life imprisonment

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4
Q

Elements of GBH

A
  1. Unlawful Act
  2. Infliction
  3. GBH
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5
Q
  1. Unlawful Act
A

No consent from the V

R V Melin -injection to Botox which led to serious harm, V consented, but did not give genuine consent as person was NOT medically qualified

R V BM - tattoo artist who performed body modifications
- removal of ear
- splitting of tounge
caused GBH (consent was no defence - cannot consent to s.20)

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6
Q
  1. Infliction (Causation)
A

Normal Causation rules apply

Fatual
Legal (operating and substatial)
Intervening act
Thin-skull rule
V’s own act
Break in chain of causation

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7
Q
  1. GBH
A

What is GBH?
>DPP V Smith - “really serious harm” but doesnt have to be life threatening
>R v saunders - “serious harm” doesnt have to include the word “really”

Example Cases;
R V Bollom - bruising could amount to GBH (severity of the injuries should be assesed against V’s age)

R V Burstow - “inflict” doesn’t require a technical assault or battery, SERIOUS Psychiatric harm can amount to GBH
- D carried out 8month campaign of harrassment (eg. silent/abusive phone calls, hate mail, stalking) = V suffered severe depression as a result

R V Dica - infecting someone with HIV is GBH

R V Golding - infecting someone with biological diseases is GBH (herpes)

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8
Q

R V Bollam

A

17month yr old child had bruising on abdomen, both arms and left leg - Conviction quashed, substituted for ABH
CoA still stated that serious bruising could amount to GBH

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9
Q

R V Burstow

A
  • D carried out 8 month campaign of harassment (eg. silent/abusive phone calls, hate mail, stalking) = V suffered severe depression as a result
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10
Q

MR of s.20 GBH

A

MALICIOUSLY intention to do the GBH caused
OR
recklessness as to whether GBH would occur (still foreseen the risk, but gone onto take the risk anyway)

R V Parmenter -

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11
Q

R V Parmenter

A

D injured 3 moths old baby after throwing child in air and catching him - had done this with older children , didnt realise the risk with baby - GBH conviction quashed as no evidence that D forsaw the risk of ingury = ABH instead

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12
Q

MR for s.18 GBH

A

specific intent offence
intention to do GBH
or intention to prevent detension

Taylor 2009 - Intention to wound isnt enough for s.18 MR

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13
Q

Taylor 2009

A

Intention to wound isnt enough for s.18 MR

V found with scratches on his face and a stab wound on his back.
They were unable to prove if D intended serious injury as it was only surface scratches and it was impossible to tell the depth of the wound.

D was substituted to a conviction under s20, as the jury were misdirected, as under s18, intention to cause harm is not enough for the offence.

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14
Q

Wounding

A

A cut in the continuity of the whole skin with blood loss

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15
Q

s.20 Wounding

A

Injury to a person by which the skin is broken (cut in the continuity of the whole skin) and there is bleeding)

Morarity V Brookes

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16
Q

Moraity V brookes

A

Pub owner struck cusumer in the eye, causing a cut - claimed he had used lawful force to remove him from the pu after he had refused

17
Q

S.18 Wounding

A

A cut in the continuity of the skin that causes GBH

18
Q

Elements of Wounding

A
  1. Unlawful (same as GBH)
  2. Infliction (same as GBH)
  3. Wounding
19
Q
  1. Unlawful Act
A

No consent from the V

R V Melin -injection to Botox which led to serious harm, V consented, but did not give genuine consent as person was NOT medically qualified

R V BM - tattoo artist who performed body modifications
- removal of ear
- splitting of tounge
caused GBH (consent was no defence - cannot consent to s.20)

20
Q
  1. Infliction
A

Normal Caustion Rules

R V Burstow = “inflict” doesnt require a technical assult or battery (8month harassment campaing caused SERIOUS depression)

21
Q
  1. Wounding
A

Moratrity brookes = “a cut in the continuity of the skin which causes bleeding”

JCC V Eisenhower = V hit in eye by shotgun pellet, didnt penetrate eye but did cause severe bleed under skin = NOT a wound as no cut

R V Wood = broken bone not considered a wound, unless skin is open as well
- Vs collar bone was broken but skin still in tact

22
Q

MR of wounding

A
23
Q

MR of s.20 wound

A

(the same as GBH)
MALICIOUSLY intention to do the wound caused
OR
recklessness as to whether wound would occur (still foreseen the risk, but gone onto take the risk anyway)

R V Parmenter

24
Q

MR for s.18 wound

A

specific intent offence
intention to do wound/GBH