Section 18 & Section 20 Flashcards
What does Section 20 of the Offences Against the Person Act 1861 address?
Unlawfully and maliciously wounding or inflicting grievous bodily harm upon another person
What is meant by ‘unlawfully’ in the context of wounding/GBH offences?
Without authority of law, not someone acting in lawful and reasonable self-defence
Define ‘maliciously’ in the context of the Offences Against the Person Act.
‘Intentionally’ or ‘recklessly’ with ill will or malice
What constitutes a ‘wound’?
Breaking all layers of the skin
What does ‘inflict’ mean in legal terms?
Be reasonable for. As a result of your actions
What is ‘grievous bodily harm’ (GBH)?
Serious or really serious bodily harm, including serious psychiatric harm
What is the primary difference between Section 18 and Section 20 offences?
Section 18 requires intent to cause serious harm, whereas Section 20 does not
What must be proven to establish intent in a Section 18 offence?
Intent to do grievous bodily harm or to prevent lawful apprehension
What are some examples of how harm can be caused under Section 18?
- Deliberate application of force
- Punching
- Striking with a weapon
- Indirect use of force
What is an example scenario that illustrates a Section 18 offence?
Lamin threatening to break down a door, causing Joe to jump out a window and break both legs
What are some defences available for assaults?
- Accidental contact
- Consent
- Lawful sport
- Chastisement
- Self-defence
- Reasonable force
- Surgical operation
Fill in the blank: The defendant must realize there is a _______ of some kind of harm.
chance or risk
True or False: Section 20 offences require the intent to cause serious injury.
False
