GBH S.20 Flashcards
Definition
AR- wounding or inflicting of GBH
MR- maliciously or subjectively recklessly wounding or inflicting GBH
JCC v Eisenhower
V was hit in eye with a shotgun pellet, this did not penetrate the eye but did cause severe bleeding.
Held required there is a break in the continuity of the skin
Moriarty v Brooke’s
D argued with a customer and struck him causing a cut below eye. Argued force was lawfully applied in ejecting him from the pub.
Held wounding requires both layers of the skin to be broken
Wood
V’s collar bone was broken but the skin was intact.
Held broken bone under the skin is not a wound
Cunningham
D tore a gas metre off wall causing a leak and v’s illness.
Maliciously simply means an intention to do the particular kind of harm that was done, or recklessness as to weather such harm should occur
DPP V Smith
Policofficer tried to stop D from driving off with stolen goods. Officer jumped onto car and died.
Jude directed jury to find D had intent to cause GBH if they were satisfied that the reasonable man could have forseen the harm
Lewis
D shouted threats to his wife through the door of a second floor window, she was scared and jumped out and broke both legs.
Held a technical assault or battery is not always needed- Inlifciton it harm can be broadly interpreted
Parmentet
D threw his child in the air and broke more than one limb.
D must foresee some harm may result
Burstow
D carried out campaign against ex girlfriend including silent and abusive phone calls and hate mail. This caused g to suffer from depression.
Held psychiatric injury could amount to bodily harm. The word ‘inflict’ simply means cause. No requirment physical force is directly applied
Dica
D ha consensual sex with v’s but failed to inform them he had HIV. Held consent invalid as v did not know of risk of hiv, recklessly having sex after diagnosis constitutes to s.20 GBH
Bollom
17 month old child had bruising to her abdomen, arms and legs. d convicted of GBH.
Held bruising like bollom on an adult would be less serious
