Non- fatals ( GBH S.20)

Question 1

List the AR and MR of GBH section 20

Answer 1

wounding or infliction of GBH

Intensionally or recklessly causing harm

Question 2

what is included in wounding in the AR of a s.20

Answer 2

wounding= Breaking both layers of the skin

Question 3

what is included in GBH of the AR of a s.20

Answer 3

Serious, physical or psychiatric injury or transmission of disease.

Question 4

List the three cases for wounding

Answer 4

Wood
Moriarty v Brookes
JCC v Eisenhower

Question 5

List the four cases for infliction

Answer 5

Lewis
Bustrow
Dica
Adye

Question 6

Which case interprets the meaning of GBH

Answer 6

DPP v Smith

Question 7

List the facts of wood and the ratio

Answer 7

Facts: Victims collar bone was broken but the skin was still in tact.
Ratio: D not guilty because a broken bone is not a wound.

Question 8

List the facts and Ratio of Moriarty v Brookes

Answer 8

Facts: D struck V causing a cut below his eye.
Ratio: Wounding requires both layers of the skin to be broken

Question 9

List the facts and ratio of JCC v Eisenhower

Answer 9

Facts:V was hit by a shotgun pellet. This did not penetrate the skin but caused severe internal bleeding.
Ratio: A wound is external and GBH can be internal

Question 10

List the facts and ratio of DPP v Smith

Answer 10

Facts:D zig zagged his car and the officer fell off the bonnet into an oncoming car.
Ratio: GBH means really serious harm

Question 11

List the facts and ratio of Lewis

Answer 11

Facts: D shouted threats at his wife through the door of a hotel room.
Ratio: Infliction of harm can be broadly interpritated, an assault or battery is not always needed.

Question 12

List the facts and ratio of parmenter

Answer 12

Facts:D threw child in the air and broke more than one limb
Ratio: D must foresee at least some harm may result

Question 13

List the facts and ratio of Burstow

Answer 13

Facts: D stalked V inc abusive phone calls, this caused severe depression in V
Ratio: GBH can be psychological, this developed the harassment act and broadened it.

Question 14

List the facts and ratio of Dica

Answer 14

Facts: D had sexual intercourse with two women failing to tell them he was HIV positive. They both contracted the disease.
Ratio: GBH can be committed via an omission

Question 15

List the facts and ratio of Bollom

Answer 15

Facts: 17 month old baby had bruising to her abdomen and legs
Ratio: D’s conviction was a doubble fallback from s.18 to a s.47 ABH because the court were not aware all of the bruises came from D alone.

Question 16

List the facts and Ratio of Adye

Answer 16

Facts: D informed by wife she is HIV positive, yhe refuses to get a test and had sex with another woman.
Ratio: D subjectively reckless

Question 17

List the ratio of Brady

Answer 17

Does the defendant take an unjustified risk

mens rea of s.20