U1B:NFO: GBH Flashcards
(23 cards)
What Act and sections are relevant to GBH and GBH WITH INTENT?
-Offences Against the Person Act 1861
-S20 + S18
Which section talks about GBH WITHOUT INTENT, and is the type of offence?
-s20
-is a triable either way offence
What does s20 say about the punishment for GBH WITHOUT MR?
-“Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm ..… shall be liable to imprisonment for not more than 5 years.”
What section talks about the punishment + type offence for GBH WITH INTENT?
-S18:
-Indictable offence
-Imprisonment for LIFE
What case defines the overall level of harm required and what does it say?
R v Saunders = must be ‘‘serious’’ harm
Can Psychiatric harm be GBH and what case evidences this?
-Yes: provided that it’s ‘‘serious’’
-R v Burstow
What are the 2 either-or elements for AR to be committed in GBH?
(1) Unlawful wounding;
OR
(2) Unlawful infliction of grievous bodily harm
What is Wounding? (1)
-A break in both layers of the skin (internal bleeding will not suffice)
What case defines wounding in GBH and what does it say? (1)
JCC v Eisenhower:
-must be a ‘‘break in the continuinity of the skin’’
What does the word ‘‘skin’’ include in the wounding definition? (1)
-Inner lining of cheeks and lips
-Can include nosebleed
What DOESN’T constitute as wounding in GBH? (1)
-Scratches, burns, broken bones
What DOES constitute as wounding in GBH? (1)
-Cuts, stabs, or any injury where the skin is completely broken.
What constitutes as GBH (2) ?
-Serious broken bones
-Injuries needing lengthy medical treatment
-Permanent disability or disfigurement
What case talks about age in GBH and what did it say (2)?
-R V Bollam
-Ruled that a victim being elderly/young child can make injuries more serious
What case talks about multiple injuries and what did it say (2)?
-R v Brown and Stratton:
-If victim suffers more than one injury which t AMOUNTS COLLECTIVELY to serious harm this can be GBH
What does the word ‘inflict’ mean in (2) Unlawful infliction of grievous bodily harm AND who says this?
-Inflict= has the same meaning as cause
-Said by Lord Hope
What counts as Biological GBH (2)?
-Transmission of STIs
What are the two cases for Biological GBH (2)?
-R v Dica
-R v Konzani
What is the ruling in R v Dica?
-Defined/ Introduced Biological GBH
What is the ruling in R v Konzani?
-Sexual Partners must give conscious consent to the risk of contracting HIV
(to prevent the person with the disease from being convicted)
How must the MR of GBH WITHOUT INTENT be done, and what case confirms this?
-Mr can be done:
Intentionally or;
Subjectively recklessly
(Was CONFIRMED in R v Cunningham)
What is the Lord, ruling and case for the foreseeabiliity of harm for SUBJECTIVE RECKLESSNESS option of MR in GBH WITHOUT INTENT?
- Lord Diplock in R v Mowatt
- SUBJECTIVE RECKLESSNESS= Only need to foresee that some harm might occur
What is the definition for MR of GBH WITH INTENT and what sections/cases are they stated in?
-s18: NOT ENOUGH to intend to cause some harm, must intend to cause serious harm (R v Nedrick)
