The D transmitted genital herpes to a woman knowing he had it and without informing her, was convicted of s20 GBH, she had painful urination/soreness, suffered distress
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Who dealt with the case?
COA, forming a binding precedent on themselves and lower courts
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What happened on appeal?
He appealed to the Crown, but was rejected on all grounds
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What grounds did he appeal on?
1) CPS did not follow their guidelines on sexual transmitted infections 2) The guilty plea was not voluntary 3) The evidence failed to show that genital herpes leads to serious harm 4) Insufficient evidence to prove it even happened / recklessly did
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What case does this follow?
R v Dica 2004, Ireland & Burstow (no need for physical violence), R v Ashman, R v Bollom (whether the harm was grievous)
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What did the court say about social standards?
They stated that the assessment of the harm done was a question for the jury and concerns social standards
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What did the court say about doctors?
They said that a question for if a condition adds to ABH/GBH is not a question for a doctor but for the jury
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What was stated about the harm?
Does not need to be dangerous or permanent which is stated in R v Ashman
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What is another case which has relevance on the issue of abuse?
Dhaliwal 2006: the victim committed suicide after physical and verb abuse but he was not charged as she did not have a recognised illness
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What cases can this be linked with?
R v Ashman, Dhaliwal, Bollom, Dica, Ireland & Burstow
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What relevance does Ireland & Burstow have?
The fact that an assault is not needed for GBH
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What relevance does R v Ashman have?
That the harm does not have to be dangerous or permanent
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What relevance does R v Bollom have?
That the circumstances of the particular victim have to be taken into consideration
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What relevance does R v Dica have?
That a person may be guilty of GBH for giving someone an STD knowing they have one and knowing that the person was not aware
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Why is this case important?
It develops the law on GBH by stating that herpes does add to a conviction of GBH
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Other cards in this set
Card 2
Front
Who dealt with the case?
Back
COA, forming a binding precedent on themselves and lower courts
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