U1B:NFO: GBH Flashcards
What Act is relevant to GBH?
-Offences Against the Person Act 1861
Which section talks about GBH WITHOUT INTENT, and is the type of offence?
-s20
-is a triable either way offence
What does s20 say about the punishment for GBH WITHOUT MR?
-“Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person… shall be liable to imprisonment for not more than 5 years.”
What case defines the overall level of harm required and what does it say?
R v Saunders = must be ‘‘serious’’ harm
Can Psychiatric harm be GBH and what case evidences this?
-Yes: provided that it’s ‘‘serious’’
-R v Burstow
How are the 2 elements for AR to be committed in GBH?
(1) Unlawful wounding; or
(2) Unlawful infliction of grievous bodily harm
What is Wounding? (1)
-A break in both layers of the skin (internal bleeding will not suffice)
What case defines wounding in GBH and what does it say? (1)
JCC v Eisenhower:
-must be a ‘‘break in the continuinity of the skin’’
What DOESN’T constitute as wounding in GBH? (1)
-Scratches, burns, broken bones
What does the word ‘‘skin’’ include in the wounding definition? (1)
-Inner lining of cheeks and lips
-Can include nosebleed
What DOES constitute as GBH (2) ?
-Serious broken bones
-Injuries needing lengthy medical treatment
-Permanent disability or disfigurement
What case talks about age in GBH and what did it say (2)?
-R V Bollam
-Ruled that a victim being elderly/young child can make injuries more serious
What case talks about multiple injuries and what did it say (2)?
-R v Brown and Stratton:
-If victim suffers more than one injury which t AMOUNTS COLLECTIVELY to serious harm this can be GBH
What does the word ‘inflict’ mean in (2) Unlawful infliction of grievous bodily harm AND who says this?
-Inflict= has the same meaning as cause
-Said by Lord Hope
What counts as Biological GBH (2)?
-Transmission of STIs
What are the two cases for Biological GBH (2)?
-R v Dica
-R v Konzani
What is the ruling in R v Dica?
-Defined/ Introduced Biological GBH
What is the ruling in R v Konzani?
-Sexual Partners must give conscious consent to the risk of contracting HIV
(to prevent the person with the disease from being convicted)
What is the definition for MR of GBH and what sections/cases are they stated in?
-s18: must be done ‘maliciously’
-NOT ENOUGH for some harm, must intend to cause serious harm (R v Nedrick)
What is the punishment + type offence for GBH WITH MR and what section states this?
-S18:
-Indictable offence
-Imprisonment for LIFE
How must the malicious intent for MR of GBH be done, and what case confirms this?
-Mr can be done:
Intentionally or;
Subjectively recklessly
Was CONFIRMED in R v Cunningham
What case examples the foreseeability of harm for SUBJECTIVE RECKLESSNESS for MR of GBH, AND what is the ruling AND what Lord says this?
- Lord Diplock in R v Mowatt
-Only need to foresee that some harm might occur
