7710840
s.20 OAPA 1861
- Unlawfully and
maliciously inflict GBH
- Unlawfully and
maliciously wound
- D must inflict GBH on V or
wound V
- There is little
difference between
the words 'inflict' and
'cause': BURSTOW
- There is little
difference between
the words 'inflict' and
'cause': BURSTOW
- GBH means really
serious harm: DPP v
SMITH
- Or serious
harm:
SAUNDERS
- Or serious
harm:
SAUNDERS
- Examples of GBH:
- A serious
disease, e.g.
HIV: DICA
- Serious psychiatric
injury: BURSTOW
- A single minor injury
added to many others
can be GBH: BROWN AND
STRATTON
- It is necessary to take
into account V's age and
health when deciding if
injuries amount to GBH:
BOLLOM
- A serious
disease, e.g.
HIV: DICA
- Wounding requires
a breaking of the
whole skin
- Internal bleeding
with no cut of the
skin is insufficient:
JCC v EISENHOWER
- A broken bone is not a
wound unless the
bone breaks out of
the skin
- Internal bleeding
with no cut of the
skin is insufficient:
JCC v EISENHOWER
- Mens rea - intention or
recklessness that V
might suffer some harm:
MOWATT
- Even though a wound or
GBH is required, there is
no need for D for foresee
this level of injury.
- Even though a wound or
GBH is required, there is
no need for D for foresee
this level of injury.
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