Cards (6)

    • S20 GBH max sentence
      - known as ' malicious wounding '
      - max is 5 years
      - triable either way offence
    • Actus reus and Mens rea requirements
      Actus reus :
      - wounding
      - or inflicting grievous bodily harm

      Mens rea :
      - intending some injury ( not serious injury ) be caused
      - or being reckless as to whether any injury inflicted
    • Describe wound and what isn't sufficient
      A wound is a cut or break in the continuity of the whole skin
      - a cut of internal skin, like the mouth, is sufficient but internal bleeding where is no cut of skin isn't sufficient
      - evidence usually visible bleeding

      Seen in EISENHOWER ( V hit in eye with gun pellet, caused severe internal bleeding under surface as no cut it was held no wound )

      WOOD - broken bone no wound , skin remained intact
    • Grievous bodily harm
      • DPP V SMITH GBH means really serious harm, doesn't have to be life threatening
      • a collection of ABH injuries on child may become GBH
      • BOLLOM - severity of injuries assessed according to V age/health
      • BURSTOW - serious psychiatric injury be GBH ( sever depression )
      • DICA - transmission HIV be GBH and ignoring advice to be tested ( KONZANI )
      • Recently extended cases concerning sexual hepatitis ( YASAR ) and genital herpes ( GOLDING )
    • Inflicting
      • S20 uses word inflict and originally taken As meaning there must be technical assault or battery - LEWIS
      • However in Burstow it decided that inflict does not now require a technical assault or battery. only be shown that the defendant acts have led to the consequence of V suffering GBH.
    • Mens rea of S20
      CUNNINGHAM - ' malicious'
      - intention to do particular kind of harm done
      - recklessness as to whether harm occurred or not

      • PARMENTER, D could not be liable under s20 had not foreseen risk of harm when threw baby in air
      • intention or recklessness to inflict some harm not serious harm
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