S.20 Wounding/GBH

Question 1

S.20 Wounding/GBH

Answer 1

Whosoever shall unlawfully & maliciously wound or inflict any grievous bodily harm upon any person, either with or without a weapon or instrument, shall be guilty of an offence.

Question 2

Unlawful

Answer 2

No defence.

Question 3

Wound

Answer 3

A break in the continuity of the skin, both layers of the sking (an open wound usually with blood loss)
JCC v Eisenhower-V hit by airgun pullet in the eyes which caused bruising and internal bleeding. Not wounding as there was no wound breaking the skin.
Moriarty v Brookes- D struck V causing a cut below his eye. Court set the definition of a wound as “an injury to the person, by which the skin is broken. If the skin is broken, and there was a bleeding, that is a wound.”

Question 4

Inflict

Answer 4

Essentailly causation.
Inflict means to cause (Burstow)
Burstow- V ended her relationship with D so he harrassed her for 8 months causing her a severe depressive illness. Held that psychiatric injury amount to bodily harm and the word inflict means cause, so there’s no requirement that psychical force is directly or indirectly applied.

Question 5

Grievous Bodily Harm

Answer 5

GBH means ‘really serious harm, but not life threatening’ (Smith) later defined in Saunders as ‘serious harm’
Bollom- 17 month old was severely bruised, D convicted of ABH but COA stated bruising could amount to GBH and V’s age & health are relevant in deciding whther an injury aounts to GBH.
Burstow- (harrassment led to depression)
Dica- D had unprotected sex with 2 women without telling them he was HIV positive so they both became infected. Held to be GBH as consent wasn’t informed. Biological harm is GBH.
Brown & Stratton- D humiliated to see his transgender child as a woman so, with cousic, attacked V with a chair causing a broken nose, lost teeth and a concussion. The combination of injuries was held to amount GBH.

Question 6

MR-Maliciously

Answer 6

Intentionally or recklessly causing some harm
Parementer- D threw baby in air and caught him causing the baby injury. Held that the accused does not have to foresee that his unlawful act might cause physical harm of the gravity within the definition of GBH.