OAPA: S20 and S18 GBH

Question 1

Wounding and GBH

Answer 1

Wounding and GBH are found under 2 separate sections of the OAPA 1861: s20 and s18

The difference between the two offences relate to the mens rea:
S20 - inflicting GBH or wounding WITHOUT intent to cause GBH
S18 - inflicting GBH or wounding WITH intent to cause GBH

Question 2

S20 wounding and GBH

Answer 2

“Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm on any person, either with or without a weapon or instrument, shall be guilty of a misdemeanor”

A conviction under s20 represents the lesser offence which is triable-either-way and carries a maximum penalty of five years’ imprisonment.

Question 3

AR of s20 wounding and GBH

Answer 3

This requires the D to unlawfully wound or inflict GBH on another person

4 components:
1) Unlawfully - some wounding or GBH may be classed as lawful, such as self-defence, prevention of crime and in limited circumstances where the V has consented (e.g. medical procedures, where the injury results from properly conducted games and sports)
2) Wound - a wound exists where there’s a break in the continuity of skin causing external bleeding
3) Inflict - ‘inflict’ means ‘cause’
4) GBH - means really serious harm, such as long term/permanent injury or injury requiring intensive treatment.
- GBH can also include: less serious injuries if the V is vulnerable (eg particularly old or young), multiple ABH’s, psychiatric injury (but must be a recognizable illness)

Question 4

MR of s20 wounding and GBH

Answer 4

Requires the D to have the intention to cause or be reckless as to the causing some harm. There’s no need to establish that they intended or were reckless as to the causing serious harm.

Question 5

S18 wounding and GBH

Answer 5

“Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause GBH to any person” with intent to “or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of a felony”

S18 is a more serious offence than s20. It’s an indictable offence and carries a maximum sentence of life imprisonment.

Question 6

AR of s18 wounding and GBH

Answer 6

Despite the difference in verbs between s20 and s18, ‘inflict’ and ‘cause’, there is very little/no difference in their AR’s.

Question 7

MR of s18 wounding and GBH

Answer 7

Requires either intent to cause GBH or intent to resist or prevent lawful detainer (arrest) of any person

Question 8

Moriarty v Brookes

Answer 8

AR - ‘wounding’

If the skin is broken and there was bleeding, there’s a wound.

Question 9

C v Eisenhower

Answer 9

AR - ‘wounding’

There need to be break in the continuity of the whole skin.

Question 10

R v Burstow

Answer 10

AR - ‘inflict’

The word ‘inflict’ in s20 simply means cause. There’s thus no requirement that physical force is directly or indirectly applied.

Question 11

DPP v Smith

Answer 11

AR - ‘GBH’

The mens rea test for murder is in all the circumstances, an ordinary and reasonable man would have contemplated death to be the natural and probable result of the GBH done

Question 12

R v Bollom

Answer 12

AR - ‘GBH’

The 17-month-old baby was a vulnerable V of GBH

Question 13

R v Brown and Stratton

Answer 13

AR - ‘GBH’

Multiple ABH’s can amount to GBH

Question 14

R v Burstow

Answer 14

AR - ‘GBH’

Psychiatric injury can amount to GBH

Answer 15

AR - ‘GBH’

Whilst mental harm by way of a recognized mental condition can be classed as harm, emotions arising from verbal abuse are not enough to qualify. The D’s wife didn’t commit suicide as an immediate and reasonable response to the verbal abuse, but acted voluntarily.

Question 16

R v Savage

Answer 16

MR - s20

It is sufficient that the D intended or could foresee some harm would result from their actions.

Question 17

R v Parmenter

Answer 17

MR - s20

To satisfy MR element of D acting maliciously, it is not necessary to demonstrate that D intended the level of harm inflicted, only sufficient that D foresaw some physical harm to the person.

Question 18

S20 and s18 wounding and GBH plan

Answer 18

Outline - wounding and GBH found in 2 separate sections OAPA 1861: s20 and s18
- difference in intent
(Will need to talk about both even if one applies)

S20
Definition - “whosoever shall unlawfully and maliciously…”
- The lesser offence, triable-either-way offence, carries maximum penalty of 5 years’ imprisonment

AR of s20:
Required the D to unlawfully wound or inflict GBH on another person
4 components:
1) Unlawfully - some wounding/GBH may be classed as lawful e.g. self-defence, prevention of crime, and limited circumstances where V has consented (eg medical procedures and where injury results from properly conducted games and sports)
2) Wound - a wound exists where there is a break in the continuity of the skin causing external bleeding
3) Inflict - means ‘cause’
4) GBH - means really serious harm, such as long term/permanent injury or injury requiring extensive treatment. It can also include: less serious injuries if the V is vulnerable (eg particularly old or young), multiple ABH’s, psychiatric injury (must be a recognizable illness)

Apply…

MR of s20:
Requires the D to have the intention to cause or be reckless as to the causing of some harm. There’s no need to establish that they intended or were reckless as to causing serious harm

Apply…

S18
Definition - “Whosoever shall unlawfully and maliciously…”
- The more serious offence, indictable offence, carries a maximum sentence of life imprisonment

AR of s18:
Despite the difference in verbs between s20 and s18, ‘inflict’ and ‘cause’, there is very little/no difference in their AR’s (apply the same as s20 AR)

Apply….

MR of s18:
Requires either intent to cause GBH or intent to resist or prevent the lawful detainer (arrest) of any person

Apply…

Conclusion - if all elements are satisifed, D was be convicted.