Non fatal offences - Malicious wounding/inflict GBH

Question 1

Statute for malicious wounding/inflict GBH

Answer 1

• Section 20 Offences Against the Person Act 1861

Question 2

Punishment for malicious wounding/inflict GBH

Answer 2

• 5 years

Question 3

Actus reus for malicious wounding/inflict GBH

Answer 3

• D must unlawfully wound or inflict GBH

Question 4

Actus reus - wounding (4)

Answer 4

• Moriarty v Brooks
  o A break in the continuity of the whole skin
• M’Loughin
  o Superficial cut is not a wound
• JCC v Eisenhower
  o A rupture of an internal blood vessel is not a wound
• Morris
  o Wrong to suggest that the surface of the skin must be broken – on that direction a scratch would suffice and that is not enough

Question 5

Actus reus - GBH (7)

Answer 5

• DPP v Smith
  o Really serious bodily harm
• Grundy
  o Totality of bruising could amount to GBH
• Brown & Stratton
  o Seriousness judged objectively
• Bollom
  o Impact of injuries on particular victim may be taken into account
• Ireland; Burstow
  o Includes serious psychological harm
• Dica
  o Transmission of HIV constituted GBH
• Golding
  o Assessment of whether harm amounts to GBH or ABH is ultimately for jury

Question 6

Actus reus - inflict (1)

Answer 6

• Ireland; Burstow
  o No difference between infliction of GBH and causing GBH

Question 7

Mens rea malicious wounding/inflcit GBH (3)

Answer 7

• Cunningham
  o Maliciously means intentionally or recklessly
• Savage, Parmenter
  o Subjective recklessness required
• Mowatt
  o Need only foresee some harm not GBH or wounding to be guilty of s20

Question 8

Problems with malicious wounding/inflict GBH (3)

Answer 8

• Correspondence – do not have to foresee wounding or GBH only some harm
• Punishment
• Section 47 as alternative verdict