NFO: Grevious Bodily Harm GBH Flashcards
(6 cards)
Define GBH + case example
The harm doesn’t need to be permanent or dangerous the assessment of harm is a question for the jury.
Defined as ‘really serious harm”
(DPP v Smith)
(R v Golding)
Explain assessing harm + case example
Harm is assessed depending on the character of the v including their age and health.
e.g. an injury may seem as more serious as if it were to a baby or an elderly frail victim
(R v Bollom)
Explain types of harm + case example
Harm can be physical or mental, it can also include biological GBH where the D has intentionally passed on a sexually transmitted disease like AIDS or HIV
(R v Burstow)
(R v Dice)
Explain Wounding + case example
A wound is a break in the skin. Both dermis and epidermis layers must be broken to constitute a wound.
An internal bleed will not constitute a wound.
(JCC v Eisenhower)
Explain Section 20 + case example
The MR is maliciously, the courts have defined this as intentionally or recklessly inflicting GBH.
It isn’t necessarily to prove that D intended or foresaw that their unlawful act might cause physical harm.
(DPP v Parmenter)
Explain Section 18 + case example
The MR of causing has been interpreted as intention alone it must be Ds ADP to bring about serious harm.
An intention to wound will not be enough to satisfy the whole MR. They must have the intention to wound and intent to cause serious harm by doing this.
(R v Taylor)
(R v Morrison)