GBH S20 Flashcards
What category of offence is s20
Triable either way
What is the maximum sentence for s20
5 years
Give an Ao2 point about the sentencing powers of s20
The same as for ABH despite being a more serious offence
What are the two aspects of the actus reus of s20 GBH?
Malicious wounding or grevious bodily harm
What is the mens rea for S20 GBH
Intention or subjective recklessness
Where is the law on s20 GBH defined?
S20 offences against the person act
Give the facts of Eisenhower
V was hit in the eye with a pellet that caused severe bleeding under the surface but did not break the surface
Give the ratio of Eisenhower
As there was no cut it was not wounding
Give the facts of Moriarty v Brookes
D struck V causing a cut below his eye
Give the ratio of Moriarty v Brookes
Wounding requires both layers of the skin to be broken
Give the facts of Wood
The victims collar bone was broken but the skin was intact
Give the ratio of Wood
A broken bone is not a wound unless the skin is broken
Give the significance of Cunningham
Subjective recklessness is sufficient for s20 GBH
Give the significance of Smith
GBH should be explained to the jury as “really serious harm”
Give the significance of Savage and Parmenter
D doesn’t need to foresee GBH
Give the significance of Burstow
Says inflict simply means cause
Give the facts of Dica
D had sex with two women but didn’t tell them he had HIV
Give the ratio of Dica
Spreading HIV is biological GBH
Which two other cases confirm the decision in Dica?
Adaye and Konzani
Give 7 of the GBH charging standards given by the CPS
Broken bones Fractured skull Compound fractures Injuries leading to blood transfusions Injuries needing long term treatment Injuries causing permanent disability Serious psychiatric injury
