S18

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Actus reus
An act that shall unlawfully and maliciously wound or cause GBH.
1 of 32
GBH mean 'means no more or no less than really serios harm' - case
DPP v Smith
2 of 32
Saunders states
Just serious harm
3 of 32
Wound
Breaking both layers of the skin - usually blood loss
4 of 32
case
Eisenhower (V hit in eye with pellet) (internal bleeding not enough)
5 of 32
What are not wounds
Scratches, burns or abraisons
6 of 32
Pshychatric harm
can be GBH if serious enough
7 of 32
Case to support this
Burstow (lady got depressed from abusive messages)
8 of 32
Injuries that can be found under serious harm
broken bones, injuries needing lenghty medical treatment, injuries causing lots of blood loss, disfigurements and permanent disabilities
9 of 32
a disease
Can be GBH
10 of 32
case
Dica - sexual intercourse with 2 women when he knew he was HIV positive - both women got HIV
11 of 32
is it relevant is child or elder
Yes since their injuries tend to be more severe that say a 6ft male
12 of 32
case Bolam
Baby had bruises and abrasions = treated as GBH
13 of 32
Lots of minor injuries
Can be GBH
14 of 32
case
Brown v Stratton (transexual = dad was embarassed so beat him up) - concussion, bruising, loss of teeth and broken nose)
15 of 32
can it be comitted without assault or battery??
Yes
16 of 32
case
Wilson
17 of 32
confirmed in
Burstow
18 of 32
challenged in
Clarence
19 of 32
removing the need for an assault or battery creates
a biological GBH
20 of 32
case
Dica
21 of 32
Unlawful =
has to be unlawful in order to be an offence - lack of consent
22 of 32
Mens Rea
the intent to cause GBH. want to cause serious injury or the intent to resist arrest
23 of 32
resist arrest case
Morrison
24 of 32
Mens Rea case
Belfon
25 of 32
the intent is either caused by
resisting arrest or GBH
26 of 32
2 types of intent
direct and oblique
27 of 32
direct case4
mohan
28 of 32
oblique case
nedrick
29 of 32
what did nedrick establish
virtually certain test
30 of 32
oblique=
being aware the consequences is virtually certain to occur - foresight of consequences
31 of 32
woolin
intended to cause seriois injury
32 of 32

Other cards in this set

Card 2

Front

GBH mean 'means no more or no less than really serios harm' - case

Back

DPP v Smith

Card 3

Front

Saunders states

Back

Preview of the front of card 3

Card 4

Front

Wound

Back

Preview of the front of card 4

Card 5

Front

case

Back

Preview of the front of card 5
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