SECTION 20~ GBH Flashcards
what are the 2 ways someone can be liable for GBH under section 20 of the offences against the persons act 1861?
unlawfully and maliciously wounding
OR
unlawfully and maliciously INFLICTING grievous bodily harm
What is the actus reus for section 20
an act or omission causing a wound (eisenhower)
OR
an act or omission causing GBH(Smith, Saunders)
What is the definition of wounding
defined in Eisenhower as breaking of both layers of skin
what is the definition of GBH? and examples of it?
Really serious injuries( SMITH) ore serious harm(SAUNDERS)
Broken limbs
Broken jaw
fractured skull
permanent disability/ loss of sense
more than momentary loss of consciousness
biological GBH(DICA)
serious psychiatric harm(Burstow, Ireland)
Injuries need not be permanent or life threatening and vs age will be takes into account
How is causation satisfied?
but for test(PAGETT, WHITE,HUGHES)
What is the test for legal causation?
d must be the operating and substantial cause, more than minimal cause
when might the novus actus interveniens break the chain of causation?
Victims own act~ Corbett, Robert and Kennedy
Third party~ Pagett
Medical negligence(Cheshire) unless it is considered palpably wrong(Jordan)
If v has a hidden weakness, then d is expected to take them as he has found them—> THINK SKULL RULE~ Blaue
What is the mens rea for section 20?
intention or subjective recklessness as to SOME harm, not the wounding/ GBH itself
(MOWATT and GRIMSHAW)
What is transferred malice?
When d intended to harm one person but accidentally harms another (Latimer, Mitchell)
What does the principle of transferred malice state?
it will only apply to similar crimes (Pembliton)
What does the principle of joint enterprise state?
it doesn’t matter that D was not the one who actually injured V. All that matters is that D intended to hurt X, X intended to hurt D and in fighting back with D, V was injured ( Gnango)
What is the coincidence rule?
The actus reus and mens rea must coincide at least once( Fagan v MPC and Thabo Meli(series of events))
