Law - Non Fatals - GBH S.20

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1. What happened in Halliday 1889?

  • His wife broke her legs in an effort to escape him
  • Frightened V that he jumped through a window and sustained serious injuries
  • V hit in the eye by an air gun bullet (GBH not wound), because the skin was not broken there was no wound.
  • Bruising could amount to GBH. It would be less serious on an adult in full health than on a very young child.
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2. What happened in Dica 2004?

  • V hit in the eye by an air gun bullet (GBH not wound), because the skin was not broken there was no wound.
  • His wife broke her legs in an effort to escape him
  • Infecting someone with HIV is GBH. Couldn't use defence of consent as the consent of the women was not informed consent.
  • Bruising could amount to GBH. It would be less serious on an adult in full health than on a very young child.

3. AR

  • Assault/battery causes some harm
  • D unlawfully and maliciously wounds or inflicts any GBH
  • D causes V to apprehend immediate unlawful violence
  • D applies immediate physical force

4. What was said in DPP v Smith 1964?

  • Grievous means 'really serious'
  • Grievous means 'serious'

5. What happened in Mowatt 1968?

  • D does not have to intend or be reckless to serious harm just some harm
  • Bruising could amount to GBH. It would be less serious on an adult in full health than on a very young child.
  • Grievous means 'really serious'
  • Grievous means ' serious'

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