S20 OAPA 1861

Question 1

Explain S20 OAPA 1861

Answer 1

-Malicious wounding or inflicting GBH
-Triable either way

Question 2

Term ‘Malicious’

Answer 2

Described in R v Cunningham
Means to either:
-Intend to either do the particular kind of harm that was done, or
-Recklessness as to whether such harm should occur or not

Question 3

Three elements of S20

Answer 3

-Unlawful, R v Melin
-Wound
-GBH

Question 4

Wound

Answer 4

-Wound is a cut or break in continuity of whole skin
-Cut of internal skin is sufficient
-No cut of skin, Not sufficient as a wound. JCC v Eisenhower

Question 5

Grievous Bodily Harm

Answer 5

-Means ‘really serious harm’, DPP v Smith

Can be through:
-Physical,
-psychiatric, R v Burstow
or deliberate infection, R v Dica

Question 6

Mens Rea

Answer 6

R v Parmenter
Prosecution must prove that defendant:
-Intended to cause another person some harm, or that
-was subjectively reckless as to whether another person suffered some harm