S20 Grevious Bodily Harm Flashcards
What is GBH ?
Unlawful and malicious wounding or inflicting grievous bodily harm contest to s.20 offences against the person act 1861.
What must Ds conduct cause ?
A would or GBH
What is wounding ?
The continuity of the skin must be broken as internal bleeding is not a wound (JCC V Eisenhower).
What is serious harm ?
GBH is interpreted as really serious harm (Smith) or simply serious harm (Saunders) something the ordinary man in the street would regard as serious. It can include injuries that required lengthy medical treatment lead to permanent disability or disfigurement or the loss of a sensory function
What must the jury take into account ?
The age and health of the victim when deciding if the injuries are serious (Bollom) and cumulative injury.
What can GBH include ?
Serious physical and psychiatric harm (Burstow) and the transmission of a serious disease (Dica)
What does the term inflict mean ?
To cause
(Burstow)
What is the MR of s20
Infliction to cause some harm or recklessness as to whether some harm might occur there is no need to prove any additional MR in relation to the injuries.