non-fatal offences- section 20 GBH Flashcards
(8 cards)
1
Q
defined in
A
section 20 of the offences against the person act 1861
2
Q
defined AS
A
- unlawfully and maliciously wounding
-unlawfully and maliciously inflicting GBH
3
Q
actus reus
A
- an act/omission causing a wound
- an act/omission causing GBH
4
Q
what constitutes to a wound
A
breaking both layers of the skin,inner and outer and must break ‘continuity’ of the skin(eisenhower)
5
Q
what constitutes as to GBH
A
really serious(smith or serious harm (saunders). Need not be permanent or life threatening however age will be taken into account ( bollom)
6
Q
causation
A
But for- pagett and white
Factual- pagett,smith
7
Q
mens rea
A
intent/subjective recklessness as to causing some harm , not necessarily the wound/GBH
direct- mohan
reckless- cunningham
8
Q
transferred malice
A
intended for one person, affecting a different one (latimer , mitchell)
