GBH Sect 20

Question 1

What is the sentence for GBH sect 20

Answer 1

• either way offence - meaning it can be tried in magistrates or crown court
• Max sentence of 5 yrs (same as ABH)

Question 2

What is the definition for GBH section 20

Answer 2

Whoever shall unlawfully and maliciously wound or inflict any grevious bodily harm upon any person, either with or without a weapon or instrument, shall be liable to 5 yrs imprisonment

Question 3

What are the 2 actus reus elements to a GBH section 20 crime

Answer 3

• unlawful wounding
• an infliction of GBH
• both of which can be with intention or recklessness but prosecution has to pick which AR they are charging under

Question 4

What are some examples of GBH sect 20

Answer 4

• permanent disability
• broken bones
• substantial blood loss

Question 5

Outline ‘inflicting GBH’ as the first AR of the offence

Answer 5

• refers to the level of physical/psychiatric harm suffered by the victim
• must be more serious than ABH

Question 6

What is the case law for the first AR (inflicting GBH)

Answer 6

• R v Dica (physical)
• R v Burstow (psychological)

Question 7

What case defines what GBH is

Answer 7

DPP v Smith - ‘really serious harm’

Question 8

What case states that lots of smaller injuries can amount to GBH

Answer 8

R v Brown and Stratton

Question 9

What case states that the characteristics of the victim must be taken into account to determine if the injuries = serious harm

Answer 9

R v Bollom

Question 10

Outline ‘unlawful wounding’ as the second AR of the offence

Answer 10

• there must be a break in the continuity of the skin
• blood must be free flowing

Question 11

What case is associated with ‘unlawful wounding’

Answer 11

Moriaty v Brooke’s

Question 12

What case law states that an internal rupture of blood vessels is not a wound

Answer 12

C v Eisenhower

Question 13

How is causation applied in a GBH sect 20 offence

Answer 13

• it must be proven that D has caused the injuries that amount to a sect 20 offence via factual and legal causation

Question 14

What is factual causation

Answer 14

• ‘but for test’
• R v White

Question 15

What is legal causation

Answer 15

• D’s conduct must be more than a ‘minimal’ cause of the consequence
• R v Smith

Question 16

How is intent applied in a GBH sect 20 offence

Answer 16

• mention in Men’s Rea
  sect 20 is a basic intent crime
• can be direct (where D intends to bring about a prohibited result)(Moloney)
• or oblique intent - where it is not D’s intent, but they foresee the consequence as a virtual certainty to occur (woolin)

Question 17

What is the men’s Rea for a GBH sect 20 offence

Answer 17

• maliciously
• relates to the intention or foresight of some harm (this is known as ‘half men’s Rea)

Question 18

What case relates to the men’s Rea (maliciously) of a GBH sect 20 offence

Answer 18

DPP v Parmenter