s20 Grievous bodily harm Flashcards
What act is GBH layed out in?
s20 Offences Against the Person Act 1861
What type of offence is GBH?
Triable either way
What is the punishment for GBH?
5 years max
Why has this punishment recieved criticism?
Because it is the same sentence as ABH
What case defined “Greivous”? What was this definition?
DPP v Smith - “Really serious harm”
What case gave examples of GBH injuries? Give two of these injuries?
- Missing teeth R v Brown and Stratton
- Concussion
- Bruising
- Broken nose
What are the two ways GBH can be proved?
Infliction of GBH - Wounding of the victim
What case involved to reckless transmission of HIV to a unaware victim?
R v Dica
What was established in R v Bollom
The age and charasteristics of the victim are relevent to the extent of the injuries sustained
What is the legal definition of a wound?
A breaking in the continuity of the skin. Usually resulting in bleeding
What case held that both the dermis and epedermis must be broken for it to be considered wounding?
Moriatry v Brooks
What word is the mens rea for GBH defined by?
“Maliciously”
What was decided in R v Mowatt
It does not need to be established if the defendant intented or was reckless in their infliciton of GBh as long as it can be proved the defendant intended or was reckless to cause some type of physical harm
What case clarified this and how?
DPP v A - It was held to be sufficient to prove the defendant intended or foresaw that some harm might occur and not to prove they foresaw that serious harm would occur
