S20 OAPA 1861 Flashcards
1
Q
Define
A
“Maliciously wound or inflict GBH”
2
Q
Tried in
A
Magistrates or Crown Court
3
Q
Maximum sentence
A
5 years in prison
4
Q
AR (1/3) Wounding
(case)
A
“A break in both layers of skin”
(JCC v Eisenhower) - internal rupture does not constitute wounding.
5
Q
AR (2/3) Causation
A
S20 is a result crime so normal rules of causation apply.
6
Q
AR (3/3) GBH
(4 cases)
A
(R v Saunders) “serious harm”
(R v Burstow) - psychiatric injury
(R v Brown and Stratton) - lots of minor injuries constitute serious harm
(R v Bollam) - age and health are taken into account
7
Q
MR (case)
A
“The defendant must have the intention or be reckless as to the causing of SOME harm. There is no need for the prosecution to establish that they intended or was reckless as to causing serious harm” (R v Savage)
