General S20 Offences Against the Person Act 1861 Definition Unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person either with or without any weapon or instrument ID: 445415
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Slide1
S.20 Grievous Bodily HarmSlide2
General
S.20 Offences Against the Person Act 1861
Definition - “Unlawfully
and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument
”Slide3
Actus Reus
Unlawful wounding
; or
Unlawful infliction of
grievous bodily harmSlide4
Actus Reus -
Wounding
Wounding = both layers of skin are broken, usually causing blood loss
JCC v Eisenhower
– wound requires a
“break
in the continuity of the
skin”- internal bleeding not sufficient
Scratches, abrasions, burns not wounds (unless second layer of skin broken). Neither are broken bones or internal ruptures
“Skin” includes inner lining of cheeks and lips
So, could be a relatively minor wound such as a pin prick as long as it breaks both layers of skinSlide5
Actus
Reus –
Grievous Bodily Harm
DPP v Smith
– GBH means really serious harm
But
Saunders
– serious harm is enough
Burstow
– serious psychiatric harm could be GBH – campaign of harassment led to V suffering severe depressive illness
Examples of injuries amounting to GBH – broken bones, injuries requiring lengthy medical treatment, injuries causing a substantial loss of blood or permanent disability/disfigurement
Bollom
– effect on the victim can affect the charge - baby suffered bruising to several parts of the body. Although bruising would normally be ABH it could amount to GBH in the case of a young
child. This case
could be used to support a charge of GBH instead of ABH if
V is someone
elderly or vulnerable
Brown and Stratton
– If V suffers minor injuries which, taken as a whole amount to serious harm, this will constitute GBH despite the fat that the injuries viewed separately would not be GBH
Burstow
– No need for an assault or battery – no need to apply direct or indirect force – Prosecution only need to prove that D caused V to suffer GBH. The words cause (s.18) and inflict (s.20) are interchangeable
Dica
– “biological” GBH – D knowingly suffering from HIV infected 2 women through consensual sex – GBH even though no assault or batterySlide6
Mens Rea
Wounding or grievous bodily harm must be done maliciously
Cunningham
- Maliciously
has been interpreted to mean
D must intend to inflict the harm
or
be subjectively reckless as to whether such harm will occur
Mowatt
- Only
need MR for some harm, not serious
harm (do not need MR for the wound or GBH)Slide7
Answering Questions on S.20 GBH
Is there either:
An
unlawful wounding
; or
An
unlawful
infliction of
Grievous Bodily Harm
?
Did D
intend
to inflict
some harm
or was he
subjectively reckless
as to whether such harm would occur?