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Slide 1

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Non fatal OAP
Malicious wounding/ inflicting GBH
s20…read more

Slide 2

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· `unlawfully and maliciously wound or inflict
GBH...either with or without a weapon or
· Is a triable either way offence
· The maximum sentence is 5 years
imprisonment…read more

Slide 3

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It must be proved that the defendant:
· Wounded OR
· Inflicted GBH
· Intended some injury (but not serious)
· Or been reckless as to whether any injury was
inflicted…read more

Slide 4

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· This refers to a cut or break to the skin
· Eisenhower (1983) shows that injury that does
not cause a cut is not a wound. In this case D
had suffered from an injury to the eye that
caused it to bleed under the surface.
· Wood (1830)- also shows that there must be a
cut to the skin. The victim's collar bone was
broken, but the skin was intact, therefore no
`wound'…read more

Slide 5

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· DPP v Smith (1961)- held that `GBH' meant `really
serious harm'
· Saunders (1985) however held that the harm can
be `serious' but not necessarily `really serious'
· Bollom (2004)- severity of the injuries is assessed
on the victim's age and state of health
· Burstow (1997)- it was decided that psychiatric
injury such as depression an amount to GBH
· Dica (2004)- infecting someone with HIV is GBH…read more

Slide 6

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`inflict GBH'
This has a wide interpretation:
Lewis (1974)- the victim had been threatened
through a door and so escaped by jumping
through the window, breaking both of their
legs. It was held that such a threat was an
Burstow (1997)- it was decided that `inflict'
does not require a technical assault or battery…read more

Slide 7

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