Non fatal offences- GBH S.20

Question 1

WHAT IS S.20 OAPA 1861?

Answer 1

S.20 it is an offence to:

• Unlawfully and maliciously inflict grievous bodily harm; and/or
• Unlawfully and maliciously wound.

Question 2

DPP V SMITH?

Answer 2

GBH means ‘really serious harm’.

Question 3

WHAT DOES WOUNDING REQUIRE?

Answer 3

Wounding requires a breaking of the whole skin.

Question 4

JCC V EISENHOWER?

Answer 4

Internal bleeding where there is no cut of the skin is insufficient.

Question 5

MENS REA FOR S.20?

Answer 5

‘Maliciously’, this means there must be intention or recklessness that V might suffer some harm: MOWATT.