Non-fatal offences - S.20 OAPA
- Created by: Dom
- Created on: 18-04-13 00:10
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- Non-fatal offences - s. 20 GBH - OAPA 1861
- Definition of s.20 GBH/wounding
- Who shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of an offence.
- s.20 -commonly known as 'malicious wounding' -requires higher degree of mens reas and actus reus that s.47
- must be shown that D * wounded * inflicted GBH, and that he did this ; *intending some injury (but not serious injury ) *OR, being reckless as to whether any injury was inflicted
- Wound
- Cut or a breaking of skin - cut of internal skin e.g. cheek = wounding - internal bleeding where no cut in skin = not sufficient for wounding
- C (minor) v Eisenhower (1983) - V. hit with shotgun pellet, it did not penetrate the eyes but caused bleeding under the surface = not wounding
- + case ; Wood (1830) - D. broke V. collar bone, didn't break skin = not wounding
- C (minor) v Eisenhower (1983) - V. hit with shotgun pellet, it did not penetrate the eyes but caused bleeding under the surface = not wounding
- 2 layers of skin must be broken
- Cut or a breaking of skin - cut of internal skin e.g. cheek = wounding - internal bleeding where no cut in skin = not sufficient for wounding
- Grievous bodily harm
- DPP v Smith (1961) -defined GBH as 'really (grievous) serious harm' (bodily harm)
- The harm does not have to be life threatening
- Saunders (1985) - Held permissible to direct a jury that there need be be 'serious harm' not including 'really'
- Bollom (2004) -CoA held that in deciding whether injuries were 'grievous' , it was necessary to take into account the effect of those injuies on V. (meant taking into account V.'s age)
- DPP v Smith (1961) -defined GBH as 'really (grievous) serious harm' (bodily harm)
- s.20 GBH can occur where V. suffers psychiatric injury - R v Burstow (1997)
- Inflict/cause - GBH
- s.20 uses word 'inflict' = had to be technical assault or battery
- 'inflict' - R v Lewis (1974) - D. shouted threats at V. through a closed door (on balcony ) V. jumped and broke both legs - D. convicted under s.20 = technical assault
- Mes Rea - 'maliciously'
- Cunningham (1957) -
- 2. recklessness as to whether such harm should occur or not i.e. D. has foreseen particular harm might be done yet continued)
- 1. An intention to do the particular kind or harm that was in fact done or;
- Cunningham (1957) -
- Definition of s.20 GBH/wounding
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