S.18 & 20 Flashcards
What is the definition of a section 20 offence?
Section 20 states that you will be found guilty if you wound or inflict grievous bodily harm, either with or without an instrument.
What is ment by wounding?
JJC v Eisenhower - the cut must be of the whole skin, leading to an external bleed. A break in the continuity of the skin.
What is the definition of GBH?
DPP v Smith - really serious harm
R v Saunders - serious harm
R v Bollom - the severity of the injuries should be assessed according to the victims age and health
R v Burstow - serious psychiatric injury can be GBH
R v Dica - sexually transmitted diseases can be GBH
What is the mens rea of a section 20 offence?
The mens rea is to either intentionally or recklessly cause some harm.
R v Mowatt - stated it only had to foresee some harm
R v Woollin - oblique intent, virtual certainty and foreseeability
R v Cunningham - recklessness
What is the definition of a Section 18 offence?
it has the same as section 20, however the mens rea is that you will be found guilty if you wound or cause GBH with the intention to cause either of these things. Recklessness doesn’t suffice, its intention only.
What does resisting arrest do to the standard of mens rea that needs to be proved?
R v Morrison 1989 - established that where the defendant resists arrest , then the level of intention regarding the injury is lower. The prosecution only need to prove they had specific intention to resist arrest, but for the injury they only need to prove he was reckless as to cause a wound or injury.
