Malicious Wounding/ Grievous Bodily Harm [Non-Fatal Offences]

Question 1

From what sections and act of parliament do we get the offences from?

Answer 1

s20 and s18 Offences Against The Person Act 1861

Question 2

What are the maximum sentences for a defendant, if charged?

Answer 2

5 years imprisonment for s20 and life for s18

Question 3

What is the ACTUS REUS for Malicious Wounding?

Answer 3

A wound is a break of the continuity of the whole skin. This is both layers of the skin (first two) so usually with blood loss (Wood). A cut of the internal skin, such as the cheek, is sufficient, but internal bleeding where there is no cut of the skin is not suffcient (JCC v Eisenhower).

Question 4

What is the ACTUS REUS of GBH?

Answer 4

GBH means ‘really serious harm’ (DPP v Smith) and can be physical (Bollom), psychological (Ireland) or biological (Dica).

A collection of small, minor injuries may amount to GBH (Brown & Stratton)

Question 5

What is the MENS REA for s20?

Answer 5

The D must have intended their act to result in some harm, albeit minor, or was reckless to the fact that the act may result in such harm (Parmenter). It does not have to be proven that D foresaw the wound/GBH (Mowatt).

Question 6

What is the MENS REA for s18?

Answer 6

It must be proved that D intended to cause GBH/wounding or resist/prevent the lawful apprehension or detainer of another (Belfon).

Question 7

How do the ACTUS REUS of s20 and s18 differ very slightly?

Answer 7

s20 can be done by an act or omission but s18 requires that the GBH/wounding is done by a positive voluntary act.

Question 8

What must be mentioned AFTER Actus Reus?

Answer 8

Causation