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s.18/20 (OAPA 1861) - Coggle Diagram
s.18/20 (OAPA 1861)
actus reus
wounding
c v eisenhower (1984) 'a wound is a break in the continuity of the skin- the outer and inner layers of the skin'
a wound requires bleeding- a break in the outer and inner and layers of the skin. it can be inflicted in numerous ways (1) using a weapon such as a knife or gun or setting a dog on the victim (dune 1986). (2) a broken bone that protrudes through the skin- compound fracture- this would be gbh. a wound causing visual disfigurement e.g. scar would also amount to gbh
gbh
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bollom (2003) 'collective nature and context/ impact of injuries' 'gbh need not be life threatening or permanent- it need not even require treatment'
psychiatric injury
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there must be medical evidence to support this and mere emotions such as fear, panic or distress will not suffice, chan- fook (1994)
transmission of disease
dica (2004) gbh through transmission of hiv, s.20 OVERTURNED clarence (1888) which established that when a woman consented to sex she consented to any risk of contracting an sti
konzani (2005) addressed informed consent, if he told them about the hiv he would have had a defence
s.18
indictable offence, max life
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s.20
triable either way offence, max 5 years
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