What is the test for a jury to determine "great bodily injury"?

California, United States of America


The following excerpt is from People v. Jimenez, D068128 (Cal. App. 2016):

"It is well settled that the determination of great bodily injury is essentially a question of fact, not of law. ' "Whether the harm resulting to the victim . . . constitutes great bodily injury is a question of fact for the jury. [Citation.] If there is sufficient evidence to sustain the jury's finding of great bodily injury, we are bound to accept it, even though the circumstances might reasonably be reconciled with a contrary finding." ' " (People v. Escobar, supra, 3 Cal.4th at p. 750.) Jurors "look at the nature and extent of the injury sustained and decide whether it rises to a level they consider significant or substantial. [] . . . [T]he jury performs a measuring function, deciding whether the victim suffered that quantum of injury legally defined as great bodily injury.

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