Slides in this set
· " Whosoever shall unlawfully and maliciously
wound or inflict any grievous bodily harm upon
any other person, either with or without a
weapon or instrument, shall be guilty of an
offence and shall be liable to imprisonment of not
more than five years"
· Malicious wounding/ inflicting grievous bodily
harm is found in s.20 Offences Against the Person
· Triable-either way offence with maximum
sentence of 5 years.…read more
· `Wound' is a cut or a break in the continuity of the whole skin. A cut in the
internal skin is sufficient, for example a cut in the cheek, but internal
bleeding where there is no cut of the skin is not sufficient.
· In JJC v Eisenhower the V was hit in the eye with a shotgun pellet. It didn't
penetrate through the eye but caused severe bleeding under the surface.
As there was no cut, it was held that it wasn't a wound. The court stated:-
" to constitute to a wound, all external layers of the skin must be broken.
Internal bleeding will not suffice for a wound".
· Even a broken bone is not considered a wound, unless the skin is broken
as well. In the case of Wood (1830) the victims collar bone was broken
but, as the skin was intact, it was held there was no wound.…read more
· It was held in DPP v Smith that GBH means
`really serious harm'. This does not have to be
life-threatening or permanent.
· In Saunders (1985) it was held that it is
permissible to direct the jury that there needs
to be `serious harm' not including the word
· In Bollom it was held that the severity of the
injuries should be assessed according to the age
and health of the victim.
· Bollom- A 17mnth old child had bruising on her
body. D was convicted of causing GBH. On appeal
this was substituted to ABH but the court stated
that bruising could amount to GBH. Bruising of
this severity would be less serious on an adult in
full health, than on a very young child.…read more