Non - Fatal Offences: The Offence Against Persons Act 1861 - S.20 Flashcards
What is the AR for S.20 GBH?
To inflict GBH (really serious harm)
What is the MR for S.20 GBH?
Intention or recklessness as to some harm
What did DPP v Smith define GBH as?
‘Really serious harm’
What will the severity of the injuries be assessed according to?
The victims age and health
What did Bollom establish?
Bruising a baby is more sever than bruising an adult
What did Burstow include ‘bodily’ injury as?
Physical and psychiatric
What did Dica include ‘bodily’ injury as?
Deliberate infection of a serious disease
What happened in R v Burstow?
Harrassment againts ex, she suffered from sever depression.
Guilty of S.20
‘Inflict’ means the same as ‘cause’
What happened in Dica?
D had unprotected sex without telling them, he is HIV positive, guilty of GBH
What is the AR for S.20 Wounding?
To wound/break layers of skin
What wont be counted as wounding?
A scratch or graze
Internal bleeding
What happened in Eisenhower?
V shot in the eye, but didn’t break both layers of skin so wasn’t guilty of wounding
What is the MR for S.20 Wounding?
Intention or recklessness as to some harm
Doesn’t need to foresee risk of wound, just some harm occuring
What happened in Parmenter?
D didn’t know baby would get hurt so didn’t have the MR for wounding, charged with S.47 instead
