Wounding/ GBH

Question 1

What is the difference between a s20 and s18 wounding/ GBH offence?

Answer 1

A s20 offence allows D to have been reckless as to cauing some harm whereas with a s18 offence - D must have intent.

Question 2

What is the actus reus of a s20 OAPA 1861 offence? (Malicious wounding or inflicting grievous bodily harm)

Answer 2

Wound or Infliction of grievous bodily harm (causation will need to be established for both)

Question 3

What is the mens rea of a s20 OAPA 1861 offence? (Malicious wounding or inflicting grievous bodily harm)

Answer 3

D must intend or be reckless as to the causing of some harm.

Question 4

What will constitute as a wound?

Answer 4

There must be a break in the continuity of both layers of the skin. Both the dermis and epidermis must be broken (C v Eisenhower).

Question 5

What will constitute GBH?

Answer 5

serious harm (Saunders)

Question 6

What is the mens rea of a s18 OAPA 1861 offence? (Wounding or causing grievous bodily harm with intent)

Answer 6

D must intend to cause grievous bodily harm.

Question 7

What is the actus reus of a s18 OAPA 1861 offence? (Wounding or causing grievous bodily harm with intent)

Answer 7

Wound or causing grievous bodily harm.