Wounding and GBH s.20 and s.18

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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
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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
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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?
it was stated that inflict meant the direct application of force

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
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What happened in R v Burstow 1997?
stalking, hate mail
psychiatric injury
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What is the current meaning of inflict?
inflict means cause
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
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GBH

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
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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
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what doesn't suffice as a wound?
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
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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
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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
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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
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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
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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
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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

Card 3

Front

What is the actus reas of GBH and wounding section 20?

Back

Preview of the front of card 3

Card 4

Front

What is the mens rea of GBH and wounding section 20?

Back

Preview of the front of card 4

Card 5

Front

What was the case of R v Clarence 1888 and what did the court say about the idea of inflict?

Back

Preview of the front of card 5
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