C/GBH s.20

Question 1

intro

Answer 1

D could be charged with gbh under s.20 of the Offences against the Person Act 1861 for
her actions towards V.

Question 2

actus reus?

Answer 2

-unlawfully or malicously wound or inflict gbh upon another person. —-
-Wound was defined in (einsenhower) as breaking both layers of skin.
-GBH was defined in smith as ‘really serious injury’

Question 3

‘but for test’

Answer 3

• in this scenario ‘but for’ (white) they would not have suffered the injuries.

Question 4

substiantial and operating cause ?

Answer 4

-victims own actions (robert)
-3rd apart actions (pagett)
-medicial negligance (cheshire)
-thin skull rule ‘take your victim as you find them’ (blaue)

Question 5

mens rea?

Answer 5

-mens rea of s.20 =’malicously’ this is interpreted as the intent or recklessness to do ‘some harm’.
-intent can be direct (mohan) or indirect (woolin)
-recklessness is subjective as in cunningham
-there does not need to be intention for serious harm, only some harm will suffice.