S.20 GBH

Question 1

Definition

Answer 1

S.20 OAPA 1861
Unlawfully and maliciously wounding of inflict GBH
Either way offence, max 5 years imprisonment

Question 2

1. Actus Reus - Wounding

Answer 2

JCC v Eisenhower - break in the continuity of the skin

Question 3

1. Actus Reus - grievous bodily harm

Answer 3

Saunders - Grievous bodily harm means serious harm
Burstow - Serious psychiatric harm could be GBH
Dica - Transferring a serious sexual disease
Bollom - If V is vulnerable
Brown and Stratton - Minor injuries which amounts to serious harm can be GBH

Question 4

2. Causation

Answer 4

Consequence Crime - Ds act/omission must cause the wounding or GBH

Question 5

3. Men’s Rea - Did D intend or as he subjectively reckless to inflict some harm

Answer 5

Cunningham - Maliciously means D must intend or be subjectively reckless
Mowatt - Only need intent or subjective recklessness for some harm, not serious harm