Wounding and GBH s.20 and s.18
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- Created by: TabithaNash16
- Created on: 27-10-20 13:13
How is section 20 defined?
"whosoever shall unlawfully and malicious wound or inflict any grevious bodily harm upon any other person, either with or without a weapon or instrument, shall be guilty of a misdemeanor"
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What offence is section 20 GBH and wounding and what is the sentence?
it is a triable either way offence
max penalty is 5 years
max penalty is 5 years
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What is the actus reas of GBH and wounding section 20?
defendant unlawfully inflicts a wound or GBH on another person
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What is the mens rea of GBH and wounding section 20?
intention or recklessness to cause some harm
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What was the case of R v Clarence 1888 and what did the court say about the idea of inflict?
Originally inflict was interpreted to mean that there had to be proof of an assault or battery
defendant had sex with his wife knowing he had gonorrhea
defendant had sex with his wife knowing he had gonorrhea
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What was the case of R v Wilson 1984 and what did the court say about the idea of inflict?
what case was this in conflict with?
what case was this in conflict with?
it was stated that inflict meant the direct application of force
motorist got into an argument and punched the defendant
R v Martin 1881
motorist got into an argument and punched the defendant
R v Martin 1881
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What was the case of R v Martin 1888 to do with inflict and why was it in conflict with R v Wilson 1984?
it was in conflict because defendant was convicted where there was no direct application of force
defendant placed iron bar across theatre doors and shouted fired causing people to be crushed trying to get out
defendant placed iron bar across theatre doors and shouted fired causing people to be crushed trying to get out
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What happened in R v Burstow 1997?
stalking, hate mail
psychiatric injury
psychiatric injury
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What is the current meaning of inflict?
inflict means cause
both factual and legal causation must be established
both factual and legal causation must be established
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what case was GBH defined in and what happened in this case?
DPP v Smith 1961
'really serious harm'
police officer held onto car of defendant and got thrown
'really serious harm'
police officer held onto car of defendant and got thrown
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GBH
what happened in the case of R v Saunders 1985?
what happened in the case of R v Saunders 1985?
defendant stabbed victim with a 7 inch blade
the judge told the jury they should find him guilty as he caused serious harm, defendant appealed stating the law as defined in DPP v Smith required the judge to define the law as really serious, but court sai
the judge told the jury they should find him guilty as he caused serious harm, defendant appealed stating the law as defined in DPP v Smith required the judge to define the law as really serious, but court sai
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what is the definition of a wound and what case is it from ?
to constitute a wound the continuity of the skin must be broken
Moriarty v Brookes 1834 - argued with customer and hit him
Moriarty v Brookes 1834 - argued with customer and hit him
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what doesn't suffice as a wound?
what case?
what case?
a scratch or a graze that does not break the 7 layers is insufficient - McLoughlan 1836
an internal rupture of blood vessels will not be classed as a wound - C (a minor) v Eisenhower 1984
an internal rupture of blood vessels will not be classed as a wound - C (a minor) v Eisenhower 1984
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what happened in the case of C (a minor) v Eisenhower 1984?
a minor shot multiple rounds from an air gun at a group of people, a pellet hit the victim in the face causing rupturing to his internal blood vessels
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how was section 20 mens rea set out and with what case?
defendant must have the intention to cause some harm or to be reckless
R v Savage 1991
R v Savage 1991
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what happened in the case of R v Savage 1991?
defendant was at a party, her ex boyfriend was there with his new girlfriend, she started insulting him, he returned the insults, she was holding a pint of beer and she claims she only intended to throw the beer, the glass smashed onto his face, he lost a
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What is the definition of the section 18 offence?
"whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any GBH to any person with intent to do some GBH to any person or with intent to resist or prevent the lawful apprehension or detainer of any person shall be guilty of a fe
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what is a section 18 offence and the sentence?
indictable offence = only ever tried in a crown court
max penalty is life in prison
more serious section
max penalty is life in prison
more serious section
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what is the actus reus of section 18?
unlawfully wound or cause GBH to any person can be yourself
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what is the mens rea of section 18?
intention to cause really serious harm
intention to resist arrest or prevent the lawful detainer of persons and:
a) intent to cause really serious harm
b) reckless as to whether really serious harm will result
intention to resist arrest or prevent the lawful detainer of persons and:
a) intent to cause really serious harm
b) reckless as to whether really serious harm will result
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what is different about the actus reus for section 18?
all elements and definitions of the actus reus for section 18 are the same as for section 20 except the wounding or GBH can be committed on any person rather than on any other person
this means a person can be criminally liable for inflicting wounds or s
this means a person can be criminally liable for inflicting wounds or s
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What is the mens rea of section 18 and what case?
Morrison 1989
Intention to cause really serious harm
or
Intention to resist arrest or prevent the lawful detainer of persons and either:
a) intent to cause really serious harm
b) reckless as to whether really serious harm will result
Intention to cause really serious harm
or
Intention to resist arrest or prevent the lawful detainer of persons and either:
a) intent to cause really serious harm
b) reckless as to whether really serious harm will result
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Other cards in this set
Card 2
Front
What offence is section 20 GBH and wounding and what is the sentence?
Back
it is a triable either way offence
max penalty is 5 years
max penalty is 5 years
Card 3
Front
What is the actus reas of GBH and wounding section 20?
Back
Card 4
Front
What is the mens rea of GBH and wounding section 20?
Back
Card 5
Front
What was the case of R v Clarence 1888 and what did the court say about the idea of inflict?
Back
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