GBH S20 + 18 Flashcards

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1
Q

definition for S 20 wounding and GBH

A

To Unlawfully + maliciously wound/ inflict GBH on any other person, with or without weapon or instrument

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2
Q

what does a conviction under S 20 represent

A

lesser offence
triable either way
max - 5 yrs imprisonment

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3
Q

what is the actus reus for S 20 wounding and GBH

A

requires D to unlawfully would/inflict GBH on another person

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4
Q

what are the 4 components of the A/R for S20 Wounding and GBH

A

unlawfully
wound
inflict
GBH

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5
Q

outline ‘unlawfully’ as a component of the A/R for S20

A

with no defence
some wounding/GBH may be lawful - self defence

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6
Q

outline ‘wound’ as a component of the A/R for S20

A

where there is a break in the continuity of the skin causing external bleeding

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7
Q

what is the case for ‘wound’ as a component of the A/R for s20

A

Moriarty v Brookes

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8
Q

outline ‘GBH’ as a component of the A/R for S20

A

GBH = really serious harm
e.g. long term/permanent injury

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9
Q

outline ‘inflict’ as a component of the A/R for S20

A

inflict means cause

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10
Q

what is the case for ‘GBH’ as a component of the A/R for s20

A

DPP V Smith

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11
Q

what is the mens rea of S20 wounding and GBH

A

D must have intention to cause/be reckless as to the causing of some harm

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12
Q

what is the case law for the mens rea of s20 wounding and GBH

A

R V Savage

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13
Q

section 18 wounding and GBH

A

‘whoever shall unlawfully + maliciously wound or cause GBH to any person with intent’

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14
Q

what does a conviction under s 18 represent

A

more serious offence than S20
carries max sentence of life imprisonment

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15
Q

A/R of S18 wounding and GBH

A
  • little difference between A/R of S20 and A/R of S18
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16
Q

mens Rea of S18 wounding and GBH

A

requires either intent to cause GBH or intent to resist/prevent lawful arrest of any person

17
Q
A