S20

Question 1

What is the actus reus of S20?

Answer 1

-To maliciously or unlawfully inflict GBH or a wound onto another.

Question 2

What is the mens rea of S20?

Answer 2

-The intention or recklessness as to some harm.

Question 3

What cases go with the actus reus of s20?

Answer 3

-DPP V Smith
-SCC V Eisenhower.
-Moriaty V Brookes
-McLaughlin (1838)
-R V Burstow

Question 4

DPP V Smith?

Answer 4

GBH=’really serious harm’

Question 5

SCC V Eisenhower?

Answer 5

Not enough for the rupturing of a blood vessal.

Question 6

What cases go with the mens rea of S20?

Answer 6

1. R V Parmenter
2. R V Martin.

Question 7

R V Parmenter

Answer 7

‘only necessary some degree of harm’

Question 8

Moriaty V Brookes?

Answer 8

-both the dermis and epidermis must be broken (blood).
-defines what a wound is.

Question 9

McLaughlin (1838)

Answer 9

-A scratch or break to the outer- skin is not sufficient if the inner skin remains intact.

Question 10

R V burstow

Answer 10

-A certain level of harassment if so severe can amount to GBH.

Question 11

R V Martin

Answer 11

The D placed an iron bar across the exit of a theatre and shouted fire, several people injured.

• He was charged by section 20. Whether indirect, reckless force can be considered ‘inflicted harm’ for a finding of bodily harm

Question 12

What is the introduction to S20?

Answer 12

-an either way offence with a maximum sentence of 5 years.
-crown/mags
-does not include use of a weapon