What is the test for determining whether loss of consciousness constitutes great bodily injury?

California, United States of America


The following excerpt is from People v. Cervantes, 2d Crim. No. B289082 (Cal. App. 2019):

Whether an injury constitutes great bodily injury is a question of fact. (People v. Wolcott (1983) 34 Cal.3d 92, 107.) We will not disturb the trier of fact's determination if it is supported by substantial evidence. (Ibid.) We view the record in the light most favorable to the judgment. (People v. Pennington (2017) 3 Cal.5th 786, 800.) Loss of consciousness is a condition that qualifies as serious bodily injury. ( 243, subd. (f)(4).) Evidence of medical treatment is not necessary to prove great bodily injury. (People v. Wade (2012) 204 Cal.App.4th 1142, 1150.)

Other Questions


Does the Attorney General of Ontario argue that "injuries that constitute serious bodily injury usually also constitute great bodily injury"? (California, United States of America)
What is the test for a jury to determine whether a motorcyclist's injuries constitute "great bodily injury"? (California, United States of America)
What is the test for determining whether a plaintiff's injuries constitute great bodily injury? (California, United States of America)
What is the test for determining whether a defendant inflicted great bodily injury on an accomplice who did not personally inflict the injury? (California, United States of America)
Does the fact of great bodily injury need to be used to support both the upper term and the great bodily injuries enhancement for count six? (California, United States of America)
What is considered a "great bodily injury" and what is considered to be the definition of a great bodily injury? (California, United States of America)
What is the test for determining whether a prior assault with a deadly weapon was an assault with deadly weapon or an assault by means of force likely to produce great bodily injury? (California, United States of America)
What is the test for a jury to determine whether the harm caused to the victim is "great bodily injury"? (California, United States of America)
What is the test for a jury to determine whether the harm caused to the victim is "great bodily injury"? (California, United States of America)
What is the test for determining whether a defendant's use of his hands would cause great bodily injury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.