GBH S20

Question 1

What category of offence is s20

Answer 1

Triable either way

Question 2

What is the maximum sentence for s20

Answer 2

5 years

Question 3

Give an Ao2 point about the sentencing powers of s20

Answer 3

The same as for ABH despite being a more serious offence

Question 4

What are the two aspects of the actus reus of s20 GBH?

Answer 4

Malicious wounding or grevious bodily harm

Question 5

What is the mens rea for S20 GBH

Answer 5

Intention or subjective recklessness

Question 6

Where is the law on s20 GBH defined?

Answer 6

S20 offences against the person act

Question 7

Give the facts of Eisenhower

Answer 7

V was hit in the eye with a pellet that caused severe bleeding under the surface but did not break the surface

Question 8

Give the ratio of Eisenhower

Answer 8

As there was no cut it was not wounding

Question 9

Give the facts of Moriarty v Brookes

Answer 9

D struck V causing a cut below his eye

Question 10

Give the ratio of Moriarty v Brookes

Answer 10

Wounding requires both layers of the skin to be broken

Question 11

Give the facts of Wood

Answer 11

The victims collar bone was broken but the skin was intact

Question 12

Give the ratio of Wood

Answer 12

A broken bone is not a wound unless the skin is broken

Question 13

Give the significance of Cunningham

Answer 13

Subjective recklessness is sufficient for s20 GBH

Question 14

Give the significance of Smith

Answer 14

GBH should be explained to the jury as “really serious harm”

Question 15

Give the significance of Savage and Parmenter

Answer 15

D doesn’t need to foresee GBH

Question 16

Give the significance of Burstow

Answer 16

Says inflict simply means cause

Question 17

Give the facts of Dica

Answer 17

D had sex with two women but didn’t tell them he had HIV

Question 18

Give the ratio of Dica

Answer 18

Spreading HIV is biological GBH

Question 19

Which two other cases confirm the decision in Dica?

Answer 19

Adaye and Konzani

Question 20

Give 7 of the GBH charging standards given by the CPS

Answer 20

Broken bones
Fractured skull
Compound fractures
Injuries leading to blood transfusions 
Injuries needing long term treatment 
Injuries causing permanent disability
Serious psychiatric injury