GBH Without Intent Flashcards
GBH Definition (without intent)
Whosoever shall unlawfully and maliciously, wound or inflict any grievous bodily harm upon another person, either with or without any weapon or instrument, shall be guilty of an offence tribal either way and being convicted thereof shall be liable to imprisonment for five years.
GBH Section (without intent)
S.20 Offences Against the Person Act 1961
Actus Reus
-
Unlawful (no lawful excuse eg: consent)
-Wound (skin broken through all layers)
-GBH
C (a minor) v Eisenhower
Rupturing of blood vessels internally is not a wound
D shot victim with air pistol, caused rupturing of internal blood vessel in eye
- No break in skin
What did the House Of Lords say about DPP v Smith
GBH is ‘really serious harm’
- no difference between ‘serious’ and ‘really serious’
R v Brown and Stratton
Jurys decision as to what amounts to really serious harm
- Transexual broken nose, 3 missing teeth, laceration = GBH
R v Bollom
Court takes into consideration particular characteristics
- age and health
17 month old child, bruised = GBH
R v Burstow
Psychiatric injury can also amount to GBH
D stalked, silent calls, hate mail, condoms in garden, she had server depressive illness = GBH
R v Dica
Inflict biological GBH by transmitting HIV
D persuaded 2 women to have unprotected sex - both got HIV - guilty
R v Marangwanda
Infected young girls with gonorrhoea = guilty
R v Golding
Infected girlfriend with herpes - guilty
GBH Mens Rea (without intent)
- Intentionally or recklessly
- Must have foresight of the consequences
R v Mowatt (mens rea)
Foresight of some physical harm only is required
R v Parmenter
D threw baby in air and caught
- did not appreciate that harm was possible, not guilty
R v Grimshaw
D punched person for insulting boyfriend - foreseen the harm - guilty
