Grivious Bodily Harm S.20 Flashcards
Grievous Bodily Harm
Malicious wounding or inflicting GBH - section 20 of the Offences against the person act
Wounding or GBH with intent - section 18 OAPA
GBH s. 20
A triable-either-way offence carrying a maximum 5 year prison sentence.
Types of GBH
S.20 - no intention, usually recklessness
S.18 - with intention, more serious
Actus reus of s.20
- unlawfully
- wound
- inflict GBH
- on another person
Malicious wounding
GBH must have a cut or break in the continuity of the whole skin. A cut of internal skin is sufficient but internal bleeding, where there is no cut of skin, is not sufficient.
GBH Non- cases
Eisenhower - not GBH, the cut must be of whole skin, so a scratch is not considered a wound
Wood - a broken bone can only be GBH if it breaks skin