GBH - S20 Flashcards

• MR of S20 GBH

  Intention to cause another person some harm OR was subjectively reckless as to whether another person suffered some harm.
• Maliciously meaning act and relevance in GBH


  Cunningham (1957) - maliciously did not require ill will towards injured person
• Causation must be proven how in GBH

  In fact and in law
• 4 ways GBH can be established

  DA, CA, IA, Omission
• Inflict in GBH - meaning and case

  R v Burstow 1997 - Inflict does NOT require assault or battery. Causation by D to end consequence must be proven.
• How to confirm injuries as GBH?

  Use R v Smith and Saunders to justifiy injuries
• STI trasmission knowingly = GBH


  R v Dica (2004)
• Psychiatric injury can be GBH.

  R v Burstow (1997).
• Severity of injuries should be assessed according to victims age, vulnerability and health


  R v Bollom (2004)
• States that you can direct the jury to serious harm' without the using the word really.

  Saunders (1985)
• Stated that GBH is said to be 'really serious harm

  R v Smith(1961)
• Wound defined and act?


  JJC V Eisenhower (1984)a cut or break in the continuity of the skin, causing external bleeding
• Wounding or GBH may be lawful when

  Self defence, defence of another ,prevention of a crime, where V has consented and injury from properly conducted games.
• AR of S20 GBH

  •unlawfully wounded the victim or inflicted grievous bodily harm.
• S20 GBH max sentence

  5 years
• S20 OAPA definition

  "Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm on any other person, either with or without a weapon or instrument, shall be guilty of a misdemeanor".