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Requirements for liability for non-fatal offences LO2 - Grievous bodily…
Requirements for liability for non-fatal offences LO2 - Grievous bodily harm/ wounding
s20 Offences Against the person Act 1861
"Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person either with or without any weapon or instrument shall be guilty of an offence...."
Maliciously
MR. Proof of either intention or Cunningham recklessness as to causing some harm.
wound
Complete break in skin.
inflict
cause
grievous bodily harm
really serious harm
psychological harm
as long as it is serious or really serious psychiatric harm will satisfy the definition. Expert evidence must be called.
JCC v Eisenhower (1984)
Wounding involves a complete break in the skin. Rupturing blood vessels alone does not amount to a break in the skin.
DPP v Smith (1961)
what in all the circumstances the ordinary reasonable man would have contemplated to be the natural and probable result.
R v Burstow (1998)
H of L made it clear that serious bodily harm can be "inflcited" caused with or without there being any physical assault and that it can be "inflicted" without there being any personal violence at all, whether direct or indirect.
R v Mowatt (1967)
Mr established by proof that the defendant intended or foresaw some bodily harm.
R v Savage (1992)
H of L dismissed D's appeal. threw glass of beer at her victim.
DPP v Parmenter (1992)
Allowed prosecutions appeal. Damage to bone structure of baby son.
R v Dica (2004)
A sentence of four and a half years' imprisonment was not manifestly excessive for an offence of inflicting grievous bodily harm by transmitting HIV to another through consensual sexual intercourse.