S20 Wounding or inflicting GBH Flashcards
Q: What is the law on wounding or inflicting GBH?
S20 OAPA 1861- Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of An offence.
Q: What are the 2 different offences under the s20 GBH bracket?
1: Malicious wounding- break in the whole continuity of the skin
2: Malicious infliction of GBH- serious or very serious harm
Q: What are the similarities and differences in the offences?
Both must be done unlawfully and maliciously.
Different AR- one is wounding, the other is inflicting GBH.
Q: What type of offence is s20 GBH?
Triable either way
Maximum of 5 years; imprisonment on indictment
Q: What is the CPS Charing Standard for s20 GBH?
GBH is said to include the following injuries:
- Injury resulting in some permanent or visible disfigurement
- Broken or displaced limbs or bones
- Injuries requiring blood transfusion or lengthy treatment
Q: What does maliciously mean?
Malice here amounts to subjective recklessness so D either needed to intend or be subjectively reckless. It does not involve any ill-will or spite.
Means D must realise that there is a risk of some harm being caused to V, but they took the risk anyway. D does not need to foresee the degree of harm which is eventually caused, only that his/her behaviour may bring about some harm to V.
Q: What does wounding mean?
It means a breaking of the continuity of the skin- both the inner and outer layers, whether caused externally (eg: knife wound) or internally (eg: punch causing a tooth to puncture the skin).
There can be no wounding if there is no breaking of the skin. Injuries involving broken bones or bruises will not be wounding!
Q: What does GBH mean?
Serious or really serious harm. There is no need for the harm to be permanent, it may incorporate psychiatric injury.
Q: What does inflict mean?
Ireland 1998- HOL stated there does not need to be a battery. It is sufficient if the harm directly results from something done by the accused. It is enough to show D’s behaviour brought about the resulting harm to V.
Eg: stalker making menacing calls that results in serious psychiatric harm has inflicted the harm within the meaning of the offence.
Q: What does unlawfully mean?
Without any lawful justification. Acting in self defence or to defend another may be sufficient.
Q: Does D need to recognise that serious harm will be caused to the victim, as a result of his actions?
D only needs to recognise the risk of some harm to the V from his actions, does not have to recognise serious harm.
Q: What is the law in relation to D failing to disclose his STI to V?
Courts have recognised that person-to-person transmission of a sexual infection that will have serious consequences for the infected person’s health can amount to GBH.
Q: Case- s20 and the passing of HIV to a victim
Dica- the deliberate infection of another with the HIV virus could amount to GBH
Q: Case- s20 and unprotected consensual sex
Konzani 2005- D had unprotected consensual sex with women, without disclosing he was HIV positive. Women subsequently contracted HIV. COA held there is a critical distinction between taking a risk as to the various potentially adverse consequences of unprotected consensual intercourse, and the giving of informed consent to the risk of infection with a fatal disease. D can be guilty of a s20 offence by failing to inform. He knows he has the virus and is aware of the risk of infecting her. Although she may consent to having sex, she is not consenting to have sex with a HIV positive male. If she contracts HIV and suffers serious harm, D will be guilty of inflicting GBH.
Q: Case- s20 and genital herpes
Golding 2014- D did not disclose his diagnosis of genital herpes to V which he passed onto her. Court found that Goulding understood both that he had the infection and how it is transmitted, and by not preventing transmission—or disclosing his condition thereby allowing the complainant to make an informed decision whether or not she wanted to risk acquiring herpes—he was guilty of reckless GBH under s20 of the Act
