S20

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Actus reus
An act that shall unlawfully and maliciously wound or inflict GBH. Either with or without a wepond
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GBH mean 'means no more or no less than really serios harm' - case
DPP v Smith
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Saunders states
Just serious harm
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Wound
Breaking both layers of the skin - usually blood loss
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case
Eisenhower (V hit in eye with pellet) (internal bleeding not enough)
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What are not wounds
Scratches, burns or abraisons
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Pshychatric harm
can be GBH if serious enough
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Case to support this
Burstow (lady got depressed from abusive messages)
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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
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A disease
Can be GBH
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case
Dica - sexual intercourse with 2 women when he knew he was HIV positive - both women got HIV
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is it relevant is child or elder
Yes since their injuries tend to be more severe that say a 6ft male
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case Bolam
Baby had bruises and abrasions = treated as GBH
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Lots of minor injuries
Can be GBH
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case
Brown v Stratton (transexual = dad was embarassed so beat him up) - concussion, bruising, loss of teeth and broken nose)
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can it be comitted without assault or battery??
Yes
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case
wilson
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confirmed in
burstow
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challenged in
clarence
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removing the need for an assault or battery creates
a biological GBH
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case
dica
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Unlawful =
has to be unlawful in order to be an offence - lack of consent
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mens rea
intention or subjective recklessness as to cause some harm
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case
savage
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GBH has to be done maliciously - confirmed in
Cunningham as the D must have intended to
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other case to support this
Mowatt
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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
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this was stated by
Lord Diplock
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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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