Section 20 Wounding and GBH

Question 1

Act?

Answer 1

Offences Against the Person Act 1861 (OAPA)

Question 2

What does a conviction under s 20 represent?

Answer 2

The lesser offence

Question 3

What is is triable?

Answer 3

Either way

Question 4

Max penalty?

Answer 4

five years imprisonment

Question 5

Actus reus of s 20 wounding and GBH

Answer 5

Unlawfully wound or inflict GBH on another person

Question 6

Unlawfully

Answer 6

Referring to self-defence or prevention of crime etc

Question 7

Wound

Answer 7

Break in the continuity of the skin, causing external bleeding C v Eisenhower

Question 8

C v Eisenhower

Answer 8

Pellets caused bruising, but no breaking of skin. Couldn’t have been wounding as no break of skin

Question 9

Inflict

Answer 9

Inflict means cause

Question 10

GBH

Answer 10

Grievous Bodily harm Means really serious harm

Question 11

What is an example of GBH

Answer 11

A long-term/permanent injury.

Question 12

What can GBH also include? 3

Answer 12

Less serious injuries if V is vulnerable (young or old) - R v Bollom
Multiple ABH - R v Brown and Stratton
Psychiatric injury

Question 13

R v Bollom

Answer 13

Baby bruised - vulnerable

Question 14

R v Brown and Stratton

Answer 14

Broken nose, lost teeth and concussion - Multiple ABH amount to GBH

Question 15

Mens rea

Answer 15

Intention to cause or be reckless as to the causing of SOME harm.

Question 16

Does the D need intention or reckless as to causing SERIOUS harm?

Answer 16

No R v Savage

Question 17

R v Savage

Answer 17

Poured beer over V, slipped and cut hand. Sufficient that D could foresee some harm will result