Non fatals-GBH S20 Flashcards
AR of gbh s20
Wounding or inflicting gbh
Wounding- breaking the layers of skin
GBH- serious physical or psychiatric injury or transmission of disease
MR of gbh s20
Intentionally or recklessly causing some harm
Where’s law on gbh defined
In statute, OAPA s20
Act which d is charged under
S20 oapa
Category of offence
Triable eitherway
Maximum sentencing
5 year
Basic or specific
Basic
Eisenhower
V was hit in the eye with a shotgun pellet. Didn’t penetrate the eye but causing bleeding. Even a broken bone isn’t wounding unless skin is broke
Wood
V’s collar bone broke but skin was intact broken bone isn’t a wound
Dica
D had consensual sex with two v’s but didn’t say he had HIV. Guilty followed cuerrier . Transmission of disease amounts to s20
Cuerrier
D had sex with two women without saying he had hiv. Knowingly exposing a sexual partner to hiv is a crime
Adaye
D was warned he was high risk of having hiv and wouldn’t take the test and gave someone hiv. Guilty it didn’t require knowledge, just that it’s highly likely, was reckless. Follows dica develops ads recklessness