non fatal offences - S.20 wounding or previous bodily harm

Question 1

definition of S.20

Answer 1

OFFENCES AGAINST THE PERSON ACT 1861
unlawfully and maliciously wound or inflict any previous bodily harm Upon another person
either way offence
max sentence - 5 years imprisonment

Question 2

steps of S.20

Answer 2

1a- AR - wounding
1b- AR - grievous bodily harm
2 - AR - causation
3 - MR - did d intend or was he SR to inflict some harm

Question 3

step 1a definition and cases

Answer 3

1a- wounding
wounding - both layers of skin are broken, usually an open wound causing blood loss - scratches, abrasions, burns

case
JCC V EISENHOWER
break in the continuity of skin

Question 4

step 1b and case

Answer 4

1b- grevious bodily harm
cases
SAUNDERS 
previous bodily harm means serious harm 
BURSTOW 
serious psychiatric harm could be GBH
BOLLOM 
if v vunverable - e.g. elderly, young child, disabled p effect of more minor injury on the victim can increase it to GBH
BROWN AND STRATTON
if v suffered multiple minor injuries which, if taken together amounts to serious harm, this will be GBH

Question 5

step 2

Answer 5

causation

go through steps of causation

Question 6

step 3 and cases

Answer 6

3 - MR - did d intent or was he SR to inflict some harm

cases
CUNNINGHAM
maliciously means d must intend or be SR
MOWATT
only need intent or SR for some harm, not serious harm
PARMENTER
d must foresee that he might cause some harm