Non-fatal Offences-Malicious W+infliction Of Injury Flashcards
What kind of offence is malicious wounding and infliction of GBH?
Either way offence
What is the punishment for malicious wounding and infliction of GBH?
Five years
What act is malicious wounding and infliction of GBH charged under?
Offences Against the Person Act 1861
What section is it charged under?
S.20
What is the definition of maliciously wounding and inflicting GBH?
Whoever shall unlawfully and maliciously wound / inflict any GBH upon any person either with or without any weapon shall be guilty of an offence
What does wounding require?
Both layers of skin to be broken
Which case said that for it to be a wound both layers of skin had to be broken?
Moriarty v Brooke’s 1834
In which case did prosecution fail because they didn’t make the correct charge ?
C v Eisenhower
What charge did they make in Eisenhower vs what charge should they have made?
They charged for wounding but the layers of skin were not broken so it didn’t count, they probs would’ve succeeded with the charge of GBH
Bruising or internal bleeding are not wounds , why?
The skin is not broken
What did the case of Bollom 2004 say?
Severity of injuries would be assessed according to V’s health and age
A broken bone is not a wound unless what ?
The skin has been broken - wood 1830
Which case demonstrates the men’s Rea for s.20?
Mowatt
What is R V Lewis about?
The assault lead to her jumping out of the window which lead to a s.20 - D was reckless as to whether his threats would cause v to apprehend immediate unlawful personal violence
What does inflicting GBH mean?
Really serious harm
