GBH S20 + 18 Flashcards
definition for S 20 wounding and GBH
To Unlawfully + maliciously wound/ inflict GBH on any other person, with or without weapon or instrument
what does a conviction under S 20 represent
lesser offence
triable either way
max - 5 yrs imprisonment
what is the actus reus for S 20 wounding and GBH
requires D to unlawfully would/inflict GBH on another person
what are the 4 components of the A/R for S20 Wounding and GBH
unlawfully
wound
inflict
GBH
outline ‘unlawfully’ as a component of the A/R for S20
with no defence
some wounding/GBH may be lawful - self defence
outline ‘wound’ as a component of the A/R for S20
where there is a break in the continuity of the skin causing external bleeding
what is the case for ‘wound’ as a component of the A/R for s20
Moriarty v Brookes
outline ‘GBH’ as a component of the A/R for S20
GBH = really serious harm
e.g. long term/permanent injury
outline ‘inflict’ as a component of the A/R for S20
inflict means cause
what is the case for ‘GBH’ as a component of the A/R for s20
DPP V Smith
what is the mens rea of S20 wounding and GBH
D must have intention to cause/be reckless as to the causing of some harm
what is the case law for the mens rea of s20 wounding and GBH
R V Savage
section 18 wounding and GBH
‘whoever shall unlawfully + maliciously wound or cause GBH to any person with intent’
what does a conviction under s 18 represent
more serious offence than S20
carries max sentence of life imprisonment
A/R of S18 wounding and GBH
- little difference between A/R of S20 and A/R of S18