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KembaraXtra-Case Law- R v Wilson [1984] HL & Infliction of Harm
I. Case Summary: R v Wilson [1984] HL
I. Case Summary: R v Wilson [1984] HL
- Facts: D, a motorist, almost ran down V. D exited his car and punched V in the face.
- Held: D was found guilty of assault occasioning actual bodily harm.
- An infliction of GBH (contrary to s.20) does not require an initial assault.
- Core Principle (per Lord Roskill): GBH may be inflicted in two ways:
- Direct and Violent Infliction: The accused directly and violently inflicts GBH by assaulting the victim.
- Indirect Infliction via Intentional Action: The accused inflicts GBH by intentionally doing something that:
- Is not a direct application of force to the victim's body.
- But directly results in force being violently applied to the victim's body.
- So that the victim suffers GBH.
- If D knowingly transmits a sexual disease to another, does this constitute an 'infliction' under s.20?
- As defined by Viscount Kilmuir in R v Smith [1961] & R v Metharam [1961]: See separate notes on R v Smith for full definition.
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