s.20 GBH Flashcards
Definition
When a person unlawfully or maliciously wounds or inflicts GBH upon another person
Max sentence
5 years in prison
Category of offence
TEW
AR
Unlawfully wound or inflict GBH on another person
MR
Maliciously
Where is s.20 defined
Offences against the persons act 1861
Who suggested reform
The law commission
Why is where it’s defined an issue?
The act is outdated for modern society
Intent
Specific
Definition of wound
To break the upper and lower epidermis of the skin
Is psychological harm GBH?
Yes
What do you need to commit for a GBH?
Assault or battery
Eisenhower case and ratio
V was shot in the eye with a shotgun, surface was not broken. Not a wound so not GBH
Moriarty and Brooks case and ratio
D struck V and caused a small cut when trying to remove him from a store. Not a wound so not GBH
R v Wood case and ratio
V’s collar bone was broken but the skin was intact. Not a wound so not GBH
DPP v Smith
A policeman jumped on a car bonnet, D swerved him off and he was run over and killed. Murder as he died
Parmenter
D threw his child in the air and broke multiple bones. Harm was foreseeable
Burstow
D stalked his ex girlfriend, harassed her and caused her depression. Psychological harm is GBH
Dica
D slept with 2 women without telling them he had HIV. Biological GBH
Bollom
A baby had bruising on her body and limbs. Bruising is more serious on a child, GBH.