scetion 20 template

Question 1

Likely offence

Answer 1

D is criminally liable under the OAPA 1861 Grievous Bodily Harm

Question 2

actus reus

Answer 2

the AR can be a combination of 4 possible levels of harm:
1. wounding which is breaking all layers of the skin, JCC v Eisenhower
2. Serious physical harm such as a broken leg.
A combination of minor injuries can amount to GBH, R v Brown and Stratton.
If the victim is vulnerable then the harm is more likely to be serious, R v Bollom
3. serious mental injury, R v Burstow
4. Biological injury - R v Dica

Question 3

application of actus reus

Answer 3

By what D did to V (write what it was) D has inflicted serious physical injury/ wounded the V

Question 4

mens rea

Answer 4

Mr is the factor which determines if the D has committed a S18 or S20 offence.
For S20 the D must forsee that his intentional or subjectively reckless act must cause some harm albeit of a minor nature, R v Savage

Question 5

applications of mens rea

Answer 5

D acts were intentional or subjectively reckless because….

Question 6

Conclusion

Answer 6

D has the AR and MR for section 20 which is a triable either way offence