(R) GBH Flashcards
Act
S.20/18 Offences against the person act 1861
GBH
Unlawfully or malicious wound or inflict any grevious bodily harm
GBH Actus Reus
Unlawful - no lawful excuse
Wounding - breaking through all the layers, normally loss of blood
GBH - Grevious bodily harm
C v Eisenhower
Air pistol ruptured blood vessel internally
Rupture of blood vessels is not a wound
DPP v Smith
GBH is ‘really serious harm’
‘Really serious harm is a question for the jury’
Saunders
No difference between ‘serious’ and ‘really serious harm’
‘Really serious harm is a question for the jury’
R v Bollom
17 month old baby, bad bruises
Court take into consideration particular injuries to decide if GBH
R v Brown and Stratton
lots of injurys can add up to serious injury
jurys decision what adds up to GBH
R v Burstow
PSYCIATRIC INJURY CAN ALSO AMOUNT TO GBH
silent phone calls
R v Dica
INFLICTING BIOLOGICAL GBH
transfer HIV
R v Marangwanda
INFLICTING BIOLOGICAL GBH
infected people with gonorrhea due to poor personal hygiene
R v Golding
INFLICTING BIOLOGICAL GBH
infect girlfriend with herpes
S. 20 MR
Cunningham recklessness
R v Mowatt
FORSIGHT OF SOME PHYSICAL HARM IS ONLY REQUIRED
R v Parmenter
MUST BE INTENTION TO CAUSE SOME HARM
- threw baby, done with older kids
r v Grimshaw
At least foresaw he would suffer some harm
- glass in face
DPP v A
Only required to have foreseen some harm MIGHT occur not that it WOULD occur
s.18 MR
direct or indirect consequence
R v Nedrick
Nedrick test - did the defendant appreciate GBH virtual certain consequence
R v Woolin
confirmed Nedrick test
R v Matthews and Alleyne
used to assist decision
