S20 OAPA Malicious Wounding / Inflicting Grievous Bodily Harm Flashcards
What is the actus reus?
It must be shown that the defendant wounded or inflicted GBH upon V and he must also intend some injury or be reckless whether any injury was inflicted.
What is a wound?
A cut or break in the continuity of skin.
What is not sufficient as a wound?
Internal bleeding, broken bones or a scratch.
Why is a scratch not sufficient as a wound?
The injury must be of the whole skin.
What is grievous bodily harm?
Really serious harm, which may be physical, psychiatric or by deliberate infection with a serious disease.
What did DPP v Smith (1961) hold GBH as?
Really serious harm.
What did R v Bollom (2004) hold about assessing the severity of an injury?
Injury severity should be assessed according to the victim’s age and health.
What was “inflicting” originally taken as?
An technical assault or battery was required for S20.
What was decided in R v Burstow (1997)?
A technical assault or battery was not required, it only needs to be shown D’s actions caused V to suffer GBH.
What is the mens rea?
The wounding or inflicting of GBH must be malicious.
What is meant by “maliciously”?
An intention to do the particular kind of harm that was in fact done or recklessness as to whether such harm should occur or not.
