Maliciously Wounding/ Inflicting GBH Flashcards

1
Q

What is the sentence

A

Max 5 years same as s47

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2
Q

What is the Actus Reus of s20

A

To sound or inflict GBH

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3
Q

Why is it important the prosecution makes the correct charge which case was this a problem

A

Because wounding or inflict GBH are different

This was a problem in eisenhower as brushing but no break of skin so wounding would have failed but GBH would have not

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4
Q

What is the difference in wounding GBH in broad terms

A

Harm for wounding need not be high as that for GBH

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5
Q

What is wounding and which case was it decided in

A

Wounding requires both layers of skin to be broken

Moriarty v Brookes

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6
Q

Brushing or internal bleeding is not a wound as decided

A

Eisenhower

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7
Q

Which case indicated a broken bone is not a wound unless it breaks through the skin

A

Wood

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8
Q

If there is proof of a wound the injury it’s self does not need to be

A

Serious

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9
Q

What does GBH mean

A

Really serious harm as decided in DPP v smith

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10
Q

Which case held that the severity or the injuries should be assessed according to Vs age and health

A

Bollom

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11
Q

Which case held serious psychiatric problems could amount to GBH

A

Ireland and burrow

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12
Q

Which case held infecting someone with HIV is seen as GBH

A

Dica

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13
Q

What is it more commonly known as

A

Maliciously wounding

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14
Q

What is the men’s rea of s20

A

Maliciously mean with Intention or recklessness to cause some harm

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15
Q

Which case indicated d mist foresee that some harm may result

A

Parameter and savage

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16
Q

It is not necessary to prove d foresaw really serious harm or even the exact nature cases

A

Parementer and savage and mowatt

17
Q

Facts or r v Lewis

A

Indicates a s20
Ds wife locked in flat and d threatened from outside she was so scared she jumped out the window and broke her legs, threats amounted to assault

18
Q

Facts or Eisenhower

A

D shot v with air gun which hit v near the eye resulting in bruises and fluid forming
Found not guilty or wounding because of no break of the skin internal rupturing of blood vessel is not a wound

19
Q

R v Barstow facts

A

Serious psychiatric harm can amount to s20
D was upset when girlfriend ended relationship and d began to follow her and phone her, write menacing letters and call at her home as a result c suffered sever depression
On appeal law lords confirmed conviction that both s18 and s20 must be interpreted to include psychiatric harm

20
Q

R v Ireland facts

A

Silent telephone calls can amount to an assault

Made silent telephone calls this could be an assault of apprehension of immediate unlawful force

21
Q

R v mowatt facts

A

Men’s rea for s20 GBH
D hit v several times and left him unconscious found guilt by appealed as problem with maliciously
C of a upheld conviction say to commit s20 is simply required to have foreseen the risk of some physical harm it is not required to intends or be reckless about actually causing GBH or wounding