S20 Flashcards
What is the actus reus of S20?
-To maliciously or unlawfully inflict GBH or a wound onto another.
What is the mens rea of S20?
-The intention or recklessness as to some harm.
What cases go with the actus reus of s20?
-DPP V Smith
-SCC V Eisenhower.
-Moriaty V Brookes
-McLaughlin (1838)
-R V Burstow
DPP V Smith?
GBH=’really serious harm’
SCC V Eisenhower?
Not enough for the rupturing of a blood vessal.
What cases go with the mens rea of S20?
- R V Parmenter
- R V Martin.
R V Parmenter
‘only necessary some degree of harm’
Moriaty V Brookes?
-both the dermis and epidermis must be broken (blood).
-defines what a wound is.
McLaughlin (1838)
-A scratch or break to the outer- skin is not sufficient if the inner skin remains intact.
R V burstow
-A certain level of harassment if so severe can amount to GBH.
R V Martin
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
What is the introduction to S20?
-an either way offence with a maximum sentence of 5 years.
-crown/mags
-does not include use of a weapon