S20 0.0 / 5 ? LawCriminal lawA2/A-levelAQA Created by: Hayleyginny2345Created on: 17-11-13 17:02 Actus reus An act that shall unlawfully and maliciously wound or inflict GBH. Either with or without a wepond 1 of 28 GBH mean 'means no more or no less than really serios harm' - case DPP v Smith 2 of 28 Saunders states Just serious harm 3 of 28 Wound Breaking both layers of the skin - usually blood loss 4 of 28 case Eisenhower (V hit in eye with pellet) (internal bleeding not enough) 5 of 28 What are not wounds Scratches, burns or abraisons 6 of 28 Pshychatric harm can be GBH if serious enough 7 of 28 Case to support this Burstow (lady got depressed from abusive messages) 8 of 28 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 28 A disease Can be GBH 10 of 28 case Dica - sexual intercourse with 2 women when he knew he was HIV positive - both women got HIV 11 of 28 is it relevant is child or elder Yes since their injuries tend to be more severe that say a 6ft male 12 of 28 case Bolam Baby had bruises and abrasions = treated as GBH 13 of 28 Lots of minor injuries Can be GBH 14 of 28 case Brown v Stratton (transexual = dad was embarassed so beat him up) - concussion, bruising, loss of teeth and broken nose) 15 of 28 can it be comitted without assault or battery?? Yes 16 of 28 case wilson 17 of 28 confirmed in burstow 18 of 28 challenged in clarence 19 of 28 removing the need for an assault or battery creates a biological GBH 20 of 28 case dica 21 of 28 Unlawful = has to be unlawful in order to be an offence - lack of consent 22 of 28 mens rea intention or subjective recklessness as to cause some harm 23 of 28 case savage 24 of 28 GBH has to be done maliciously - confirmed in Cunningham as the D must have intended to 25 of 28 other case to support this Mowatt 26 of 28 What did they establish in Mowatt the prosecution dont have to prove the D intended or foresaw the wound or GBH only that some harm may occur 27 of 28 this was stated by Lord Diplock 28 of 28
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