What is the test for whether a greater injury must be greater than a moderate injury?

California, United States of America


The following excerpt is from People v. Barnett, F075764 (Cal. App. 2019):

As explained above, the jury asked the court whether the injury had to be "greater than a minor injury OR a moderate injury? Can injury just be greater than minor or does it need to be greater than moderate as well?" The jury's question inferred that it may have only focused on the phrase "minor or moderate" harm, and been confused by the use of the word "or." However, the court does not have a duty to give amplifying or clarifying instructions for terms that are "'commonly understood by those familiar with the English language.' [Citation.]" [Citation.]' [Citation.] Only where a term used in an instruction has a specific or technical meaning peculiar to the law is a further explanatory instruction necessary." (People v. Ryan (1999) 76 Cal.App.4th 1304, 1318-1319.)

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