S20 - Malicious Wounding or Inflicting GBH

Question 1

What courts can hear S20

Answer 1

Magistrates or triable either way

Question 2

Is it a basic or specific intent case

Answer 2

Specific intent

Question 3

Definition of GBH

Answer 3

Whoever shall unlawfully and maliciously wound or inflict any GBH upon any other person, whether with or without a weapon or instrument, shall be guilty of an offence and shall be liable to imprisonment for not more than 5 years.

Question 4

Actus reus of S20

Answer 4

Inflicting of GBH

Question 5

Mens rea of S20

Answer 5

intended some injury to be caused or being reckless as to the injury inflicted.

Question 6

Wound defines

Answer 6

A cut or break in the continuity of the skin

Question 7

JCC v Eisenhower

Answer 7

Bleeding underneath the skin, but there was no break in the continuity of the skin so was not GBH, instead ABH.

Question 8

R v Wood

Answer 8

Broken collar bone, didn’t break skin. No cut/wound , so not GBH

Question 9

How should the severity of GBH be assessed

Answer 9

The severity of the injury should be assessed according to the health and age of the victim.

Question 10

R v Dica

Answer 10

Knowingly transmitted HIV, substantial for GBH.

Question 11

R v Bollum

Answer 11

17 month of bruised on arms and legs, convicted of GBH as rule of age applies. Whereas bruising of adults would be considered ABH.

Question 12

R v Burstow

Answer 12

Serious psychiatric harm. Too serious for ABH, classed as GBH.

Question 13

R v Lewis

Answer 13

Husband threatening wife, she then jumped out of her window and broke both legs, it now has to be shown that D’s actions have led to V suffering GBH