NON FATAL OFFENCE S.20 Wounding/GBH

Question 1

Definition of S.20

Answer 1

Unlawfully and maliciously wound or inflict any grevions bodily harm upon any other person

S.20 Offences Against the Person Act 1861

Either way offence

Max. Sentence - 5 years imprisonment

Question 2

Actus Reus - unlawful

Answer 2

COLLINS V WILLCOCK - moved about society implied consent

Question 3

Actus reus - Wounding

Answer 3

Both layers of skin are broken, usually an open wound causing blood loss

Question 4

Case for wounding

Answer 4

JCC V EISENHOWER - wound requires a “break in the continuity of the skin”

Question 5

Actus Reus - Grevious Bodily Harm

Answer 5

Saunders - GBH means serious harm

Question 6

Cases for GBH

Answer 6

BURSTOW - serious psychiatric harm could be GBH

BOLLOM - if v is vulnerable

BROWN AND STRATTON - if V suffers multiple minor injuries which if taken together amounts to serious harm, can lead to GBH

Question 7

Causation - actus reus

Answer 7

D’s act or omission must cause the wounding or GBH

Question 8

Men’s rea

Answer 8

did d intend or was he subjectively reckless to inflict some harm

Question 9

Cases for men’s rea

Answer 9

CUNNINGHAM - D must intend of be subjectively reckless

MOWATT - intend some harm