Grievous Bodily Harm And Wounding S.20

Question 1

GBH S.20 Actus Reus

Answer 1

To inflict GBH

Question 2

GBH S.20 Mens Rea

Answer 2

Intention or reckless as to some harm

Question 3

DPP V Smith

Answer 3

GBH defined as really serious harm

Question 4

Bollom

Answer 4

Severity of the injuries will be assessed according to the victims age and health.

Question 5

Burstow

Answer 5

The term bodily now may include an injury that is physical and psychiatric.

Question 6

Dica

Answer 6

Deliberate infection of a serious disease can be a GBH injury

Question 7

Eisenhower

Answer 7

Offence of wounding was not commited as both layers of skin were not broken.

Question 8

AO3 Wounding s.20

Answer 8

P- Confusion between wounding s.20 and ABH s.47 as D can cause a small cut but be charged with s.20 wounding due to breaking both layers of skin.
Dp- This is unfair on the accused as a small cut is not the same as GBH but can recieved the same sentence.
Wdp- Eisenhower is important as it clears the misunderstanding in definition of a wound and clarified it. Although Parliament should have made the distinction between a wound and GBH clearer to hold up parliament sov

Question 9

Parameter

Answer 9

D’s conviction for s.20 GBH was changed to s.47 ABH. For s.20 GBH, D must appreciate that there was risk of some harm and take that risk

Question 10

AO3 wounding mens rea

Answer 10

P- the MR of the offence is not defined in the act. This leads to judical creativity as judges has to define the law.
Dp- Act only states the word maliciously which the courts has given a def for. Malicious suggest something evil whereas the courts interpreted the word differently.
Wdp - problem for jurors to understand the law as it is complex and outdated.