8.4.1 s.20 GBH

Question 1

What statute defined s.20 GBH

Answer 1

s.20 OAPA 1861

Question 2

Defintion of s.20 GBH

Answer 2

“whosever shall unlawfully and maliciously wound or inflict GBH upon any other person will be guilty of s.20 GBH”

Question 3

“Unlawfully”
Definition for s.20 GBH

Answer 3

Must be an unlawful act, e.g., one not consented to (R v Melin)

Question 4

“Wounding”
Defintion s.20

Answer 4

(JCC v Eisenhower)
A break in 2 layers of the skin, internal bleeding does not count as a wound.

Question 5

“Grievous bodily harm”
Definition s.20

Answer 5

• (Saunders)- serious harm
• (R v Bollom)- severity of injury based on age and health

Question 6

Things that count as Greivous Bodily Harm s.20

Answer 6

(R v Burstow)- Psychiatric harm
(R v Dica)- Spread of serious diseases counts
(Brown v Stratton)- combination of injuries= GBH

Question 7

“Inflicting” Definition s.20

Answer 7

(R v Burstow)
- inflict just means to cause, so causation

Question 8

Mens Rea of s.20 GBH (“maliciously”)

Answer 8

Word maliciously came from (R v Cunningham) and means to:
1. Intend to do the harm done. (ABH/Battery)
1. Recklessness as to do so.