Non fatal offences - Malicious wounding/inflict GBH Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Statute for malicious wounding/inflict GBH

A
  • Section 20 Offences Against the Person Act 1861
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Punishment for malicious wounding/inflict GBH

A
  • 5 years
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Actus reus for malicious wounding/inflict GBH

A
  • D must unlawfully wound or inflict GBH
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Actus reus - wounding (4)

A
  • Moriarty v Brooks
    o A break in the continuity of the whole skin
  • M’Loughin
    o Superficial cut is not a wound
  • JCC v Eisenhower
    o A rupture of an internal blood vessel is not a wound
  • Morris
    o Wrong to suggest that the surface of the skin must be broken – on that direction a scratch would suffice and that is not enough
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Actus reus - GBH (7)

A
  • DPP v Smith
    o Really serious bodily harm
  • Grundy
    o Totality of bruising could amount to GBH
  • Brown & Stratton
    o Seriousness judged objectively
  • Bollom
    o Impact of injuries on particular victim may be taken into account
  • Ireland; Burstow
    o Includes serious psychological harm
  • Dica
    o Transmission of HIV constituted GBH
  • Golding
    o Assessment of whether harm amounts to GBH or ABH is ultimately for jury
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Actus reus - inflict (1)

A
  • Ireland; Burstow
    o No difference between infliction of GBH and causing GBH
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Mens rea malicious wounding/inflcit GBH (3)

A
  • Cunningham
    o Maliciously means intentionally or recklessly
  • Savage, Parmenter
    o Subjective recklessness required
  • Mowatt
    o Need only foresee some harm not GBH or wounding to be guilty of s20
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Problems with malicious wounding/inflict GBH (3)

A
  • Correspondence – do not have to foresee wounding or GBH only some harm
  • Punishment
  • Section 47 as alternative verdict
How well did you know this?
1
Not at all
2
3
4
5
Perfectly