Non Fatal Offences Against The Person - GBH & GBH with Intent

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S.20 Offences Against the Person Act 1861
GBH set out here, offence to maliciously inflict GBH or wound V.
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DPP v Smith (1961)
gievous defined; 'really serious harm'.
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Saunders (1985)
confirmed definition of grievous; 'serious harm'.
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R v Brown and Stratton (1998)
injuries; broken nose, bruising, missing teeth, concussion, held to be GBH.
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Clarence (1888)
restrictive meaning of 'infliction', required assault or battery, consented to intercourse = neither present, considered bad law.
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Dica (2004)
meaning of 'infliction' widened, include recklessly transmitting HIV to unaware V = 'infliction' of GBH.
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R v Halliday (1889)
wide approach to 'infliction', husband frightened wife to extent that she jumped from window, court held injuries were directly inflicted by D even though she jumped from window.
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R v Bollom (2003)
bear in mind age and health of V when considering seriousness of injuries.
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Burstow (1997)
depression = S.20 amounts to GBH.
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Moriarty v Brooks (1834)
both dermis and epidermis must be broken.
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JCC v Eisenhower (1984)
internal bleeding under skin, not amount to wounding within S.20.
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M'Loughlin (1838)
scratch or break to outer skin, not sufficient if inner skin remains intact.
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Mowatt (1967)
only proved that intended or reckless to cause some physical harm, not need to be established if intended or reckless as to infliction of GBH or wound.
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DPP v A (2000)
not necessary to prove that D intended or foresaw that some harm would occur.
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S.18 Offences Against the Person Act 1861
GBH with intent set out here, offence to intend to maliciously wound or cause GBH.
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R v Belfon (1976)
S.18 is specific intent offence, requires intention to maliciously cause GBH.
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Other cards in this set

Card 2

Front

gievous defined; 'really serious harm'.

Back

DPP v Smith (1961)

Card 3

Front

confirmed definition of grievous; 'serious harm'.

Back

Preview of the back of card 3

Card 4

Front

injuries; broken nose, bruising, missing teeth, concussion, held to be GBH.

Back

Preview of the back of card 4

Card 5

Front

restrictive meaning of 'infliction', required assault or battery, consented to intercourse = neither present, considered bad law.

Back

Preview of the back of card 5
View more cards

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