S20 and S18 Grievous Bodily Harm

Question 1

S20 OAPA 1861 - important

Answer 1

Creates the offence of inflicting grievous bodily harm or malicious wounding

Question 2

S18 OAPA 1861 - important

Answer 2

Creates the offence of causing Grievous bodily harm with intent

Question 3

Sentencing Act 2020 - Important

Answer 3

The maximum sentence for GBH with intent is life imprisonment

Question 4

DPP v Smith (1961) - important

Answer 4

Grievous bodily harm means ‘really serious harm’

Question 5

R v Burstow (1997) - important

Answer 5

Really serious psychiatric harm can amount to GBH

Question 6

R v Burstow (1997) - important

Answer 6

There doesn’t have ot be a technical assault or battery or S20 or S18

Question 7

JJC v Eisenhower (1983) - important

Answer 7

“wounding” in S20 and S18 means breaking the continuity of the whole skin ((internal bleeding Is not a wound) but can still be GBH if serious enough)

Question 8

R v Parmenter (1991) - important

Answer 8

For the mens Rea S20 D does not need to have foreseen the seriousness of the injury caused. They just have to have intended to cause or been reckless as to causing some harm.

Question 9

R v Taylor (2009) - important

Answer 9

Intention to wound is not enough for the mens rea of s 18 GBH with intent. D must have intended either to cause serious harm or to prevent a lawful arrest.

Question 10

R v Morrison (1989) - important

Answer 10

For the mens rea s 20, D does not need to have foreseen the seriousness of the injury they caused. They just have to have intended to cause or been reckless as to causing some harm.

Question 11

R v Sidhu (2019)

Answer 11

Confirmed the definition of GBH as ‘really serious harm’

Question 12

R v Dica (2004)

Answer 12

Infecting someone with a serious illness can amount to GBH