Non-fatal offences - S.20 OAPA

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  • 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
      • 2 layers  of skin must be broken
    • 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)
    • 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;

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