S.20 Grievous Bodily Harm - PowerPoint Presentation

Slide1

S.20 Grievous Bodily HarmSlide2

General

S.20 Offences Against the Person Act 1861

Either way offence

Maximum sentence – 5 years’ imprisonment

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 –

unlawful

Same principles as battery and S.47 – no consentSlide5

Actus Reus -

Wounding

Wounding =

both layers of skin are broken

, usually an open wound 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

So, could be a relatively minor wound such as a pin prick as long as it breaks both layers of skin – although in practice this would not be enoughSlide6

Actus

Reus –

Grievous Bodily Harm

Saunders

– GBH

means

serious harm

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

– V was a transsexual who went to the market stall where his father worked. Father felt humiliated and along with his cousin attacked V with a chair. V suffered broken nose, 3 lost teeth and concussion. If V suffers

minor injuries

which,

taken as a whole amount to serious harm

, this will constitute GBH despite the fact that the injuries viewed separately would not be GBH Slide7

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

Savage

– D threw contents of glass of beer over V, but let go of glass and a piece of it cut V’s wrist – D had been reckless. Court confirmed that maliciously means intentionally or recklessly

Mowatt

-

Only need MR for some harm, not serious harm

(do not need MR for the wound or GBH)

Parmenter

– D not liable for S.20 as he had not foreseen the risk of any harm – D must foresee that he might cause some harmSlide8

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?