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3 Cards in this Set
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•“Whosoevershall unlawfully and maliciously wound or inflict any grievous bodily harm uponany other person, either with or without any weapon or instrument, shall beguilty of [an offence]”•Actus reus: Wound or inflict GBH
•Moriarty v Brooks•Awound necessitates that the continuity of the skin (both the dermis andepidermis) be broken. Eisenhower- both layers of skin |
•DPP v Smith –GBH = “really serious bodily harm”.•Bollom – whether an injury amounts to really seriousharm can depend on the vulnerability of the victim. •CPSLegal Guidance – GBH includes:Øinjury resulting in permanent disability, loss of sensoryfunction or visible disfigurement; broken or displaced limbs or bones,including fractured skull, compound fractures, broken cheek bone, jaw, ribs,etc; Øinjuries which cause substantial loss of blood, usuallynecessitating a transfusion or result in lengthy treatment or incapacity
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•Clarence– V had consented to have sex with husband as a result of which she contractedvenereal disease. D not liable for s.20 as no assault/battery.•Wilson – HL held assault is nota prerequisite to s.20.•Ireland; Burstow– no need for application of force on V’s body; psychiatric harm can be‘inflicted’.•Dica – overruled Clarence. D could be liable for s.20 for passing onHIV.
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•“Maliciously”= recklessly; and it is clear that subjective Cunningham recklessness applies, but what must beforeseen?•Mowatt – CA held D need notforesee a wound or GBH. D need only foresee some physical harm, albeit of aminor character.•Savage; Parmenter– HL confirmed Mowatt.
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S18
“Whosoever shall unlawfully and maliciously by any meanswhatsoever wound or cause any grievous bodily harm to any person, with intent... to do some grievous bodily harm to any person, or with intent to resist orprevent the lawful apprehension or detainer of any person, shall be guilty [ofan offence]”} •Woundand GBH carry the same meaning as for s.20.•Ireland; Burstow – “Causing” is wider or notleast narrower than “inflict”. There is “no radical divergence between themeaning of the two words”gs'>vǣ |
•WhereD is charged with wounding/causing GBH with intent to do so, maliciously addsnothing to the requirement of intent•But where D is charged withintent to resist arrest it must also be proved that D foresaw some harm. (Morrison)
•Purcell(1986) – intent bears the same meaning as in Nedrick.•Unclearwhether Woollin now applies or if Woollin isconfined to murder.•Inany case, what is required is that D had a direct intention or foresaw GBH as a virtual certainty.
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