GBH s20 cases

Question 1

JCC v Eisenhower

Answer 1

v was hit in the eye with a shotgun pellet. This did not penetrate the eye.

Not a wound as it did not break the continuity of the whole skin (upper and lower epidermis of the skin.)

Question 2

Moriarty v Brookes

Answer 2

D was a publican. He argues with a customer over a disputed payment and struck him causing a cut below his eye. D argued he had asked the customer to leave and he had refused to do so and the force was lawfully applied in ejecting hun from the pub.

Wounding requires both layers of the skin to be broken.

Question 3

Wood

Answer 3

V’s collar bone was broken but the skin was intact. A broken bone is not a wound.

Question 4

Cunningham

Answer 4

D tore a gas meter from the wall of neighbours house. Gas leaked into the house and a woman became unwell.

D had not intended the harm, he was reckless.

Question 5

DPP v Smith

Answer 5

Policeman tried to stop the defendant from driving away with stolen goods by jumping on the bonnet. D drove in zig zag to get policeman off the car. Policeman fell into path of oncoming car and died.

Question 6

Lewis

Answer 6

D shouted threats to his wife through the door of a second floor window. She was scared and jumped out. She broke both legs.

A technical assault or battery is not always needed. Infliction of harm can be indirect.

Question 7

Parmenter

Answer 7

D threw is child into the air and broke more than one limb.

D must at least foresee some harm.

Question 8

Burstow

Answer 8

D stalked his ex girlfriend, causing her psychological harm.

Question 9

Dica

Answer 9

D had consensual intercourse with the two victims b it failed to inform them he was HIV positive. H woman contracted HIV.

Infecting a virus is also GBH.

Question 10

Bollom

Answer 10

A 7 month old child had bruising to her abdomen, arms and legs. D was convicted of GBH s.20. Bruising in an adult would be less serious.