Non-fatal Offences - S20 and S18 Flashcards
S20
Malicious wounding or maliciously inflicting GBH
S18
Wounding with intent/causing GBH with intent
wounding actus reus
to unlawfully wound another person
JCC v Eisenhower
wounding = a cut or break in at least 2 layers of skin
mens rea of S20
to intend or be reckless about causing some harm
R v Mowatt
mens rea of S18
intention to cause GBH/really serious harm (Belfon)
S18 Intent
Direct intent (Mohan) - D aims to cause really serious harm
Oblique intent (Woollin) - Really serious harm is virtually certain, and D realises it is virtually certain
GBH actus reus
to unlawfully cause/inflict grievous bodily harm on/to another person
DPP v Smith
GBH is really serious harm
R v Burstow
GBH can be really serious psychiatric harm
R v Dica
GBH can be serious biological harm i.e. a disease
R v Brown and Stratton
GBH can be an accumulation of more minor injuries
R v Bollom
When deciding whether harm counts as GBH, V’s age and health can be considered
R v Martin
wounding/GBH can be inflicted indirectly