grievous bodily harm

Question 1

s.20

Answer 1

grievous bodily harm

Question 2

define GBH

Answer 2

Whosever shall unlawfully and maliciously (MR) wound or inflict any grievous bodily harm (AR) upon any person, either with or without any weapon or instrument, shall be guilty of an offence.

Question 3

s.20 =

Answer 3

s.20 =
-actus reus (unlawful, wound, grievous bodily harm, causation)
-mens rea (maliciously)

Question 4

AR for GBH- unlawful

Answer 4

no consent to the act
i.e. a tattoo / piercing causes harm but has consent

Question 5

AR for GBH- wound

Answer 5

a break in the continuity (surface) of the skin- both layers of the skin (open wound with blood loss)

Question 6

JCC v Eisenhower (1984)

Answer 6

V was hit by an airgun pellet in the eye. He suffered bruising and internal bleeding in the eye, not wounding as there was no wound by breaking the skin

Question 7

AR for GBH- grievous bodily harm

Answer 7

GBH= Smith: ‘really serious harm’
saunders: ‘serious harm’

Question 8

Bollom (2003)

Answer 8

D caused severe bruising to a 17 month old baby. CofA held, Vs age and health are relevant when deciding whether an injury amounted to GBH.
You have to assess the effect of the harm to the particular victim

Question 9

Burstow (1997)

Answer 9

V suffered severe depression due to behaviour of her stalker who carried out an 8 month campaign of harassment following the break up of their brief relationship.
The campaign included letters, phone calls, hate mail, and stalking. It was decided that serious psychiatric injury can be grievous bodily harm.

Question 10

Dica (2004)

Answer 10

D had sex with 2 women when he knew he was HIV positive. Both women contradicted HIV as a result. There is no doubt that infecting someone with HIV is inflicting a GBH injury

Question 11

Brown and Stratton (1998)

Answer 11

V was a transsexual who went to the market stall where his worked. The father felt humiliated to see his son and, along with his cousin, attacked V with a chair, causing a broken nose, 3 lost teeth and a concussion

Question 12

AR for GBH - causation

Answer 12

factual and legal

But for, think skull rule.

Question 13

Mens rea for GBH - maliciously

Answer 13

‘maliciously’ means intentionally or recklessly causing some harm, not the level of harm i.e. wounding

so must prove D either intended their act to result in some unlawful bodily harm to V, or was subjectively reckless as the risk that his act might result in such harm

Question 14

Parmenter (1991)

Answer 14

D injured his 3-moth-old baby when he threw the child in the air and caught him. D said he often did this with his older children and didn’t realise the risk of any injury.

Not guilty of s.20 (hadn’t intended or been reckless as to causing some harm)