Non fatal offences - Malicious wounding/inflict GBH Flashcards
1
Q
Statute for malicious wounding/inflict GBH
A
- Section 20 Offences Against the Person Act 1861
2
Q
Punishment for malicious wounding/inflict GBH
A
- 5 years
3
Q
Actus reus for malicious wounding/inflict GBH
A
- D must unlawfully wound or inflict GBH
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
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
6
Q
Actus reus - inflict (1)
A
- Ireland; Burstow
o No difference between infliction of GBH and causing GBH
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
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