Section 47,20,18 Flashcards
Intent of section 47
Basic - R V roberts
Loss of consciousness
DPP V T
must be at least section 47 not battery
What is a section 47 physical injury
Chan fook
Injury which is more than transient and trifling
Case that’s shows 47 can have a physiological injury
R V miller
What is a 47 phycological injury defined as
Interferes with the health and comfort of the V
DPP V SMITH
Section 47 actus Reus
A person intentionally or recklessly assault another thereby chasing actual bodily harm
ABH
What sort of offence is section 20
Triable either way
Actus Reus of 20
Unlawfully and maliciously wound or inflict any Gregory’s bodily harm on any other person with or without a weapon shall be guilty of a misdemeanour
GBH
Multiple section 47s ABH
R V brown and strathen
Multiple ABH can add up to GBH
Also shows aggravating circumstances due to homophobia attack
What is a wound
JCC V Eisenhower- defined wound as skin must break
Internal Bleeding is not a wound
Same as moriarty V brookes
Can 20 be reckless
R V savage - YES
Case for section 20 physiological
R V Burstow
Inflict means cause so no need to be physical force can be mental
Section 18 actus Reus
Unlawfully or maliciously wound or inflict any Gregory’s bodily harm on amply other person with out without weapon should be guilty of a misdemeanour
Is GBH men’s Rea enough for murder
Yes
R V Cunningham
R V Vickers
What intent is section 18
18 - specific
20 - basic
