GBH no intent Flashcards
without intent
what is the act for gbh without intent
Section 20 offence agsisnt the persosn act 1861
what is the definition of gbh
whoever shall unlawfully and maliciously inflict gbh upon another person with or without a weapon will be guilty of an offence triable either way and shall be liable to imprisonment for 5 years
what is the actus reus
three elements, unlawful ( no lawful excsuse) wound( must break through all layers of the skin) and grevious bodiily harm
c v eisenhower
ruptruing of blood vessels is not a wound ( air pistol casuing bruisinf and rupture no gbh
dpp v smith 1961
gbh was “ really serious harm” remembered that gbh is a phrase
saunders 1985
stated there was no difference between serious and really serious
R v brown and stratton
it is the judges decison as to what amounts to serious harm , small injuires can amount to gbh