OAPA: GBH s.20 + s.18 Flashcards
(14 cards)
What is the difference between s.20 and s.18 of the OAPA 1861?
s.20 - inflicting GBH or wounding with intention or recklessness as to causing some harm
s.18 - causing GBH or wounding with specific intent to cause serious harm
what is the maximum sentence for s.20
up to 5 years imprisonment
What is the maximum sentence for s.18?
Up to life imprisonment
What is wounding in the context of s.20 and s.18?
A wound is defined as a break in 2 layers of the skin “a graze”
Can a scratch or bruise be classified as a wound?
No, it must break both layers of skin
Case: JCC v Eisenhower – An internal rupture was not considered a wound as it did not break the skin.
What does GBH mean?
Really serious harm or serious injury
Case DPP v Smith - D drove off with a police officer on his car bonnet, causing the officer’s death, court said GBH = “really serious harm.”
Can psychiatric injury amount to GBH?
Yes, if it is serious and medically recognised.
Case: R v Burstow - D caused a woman to suffer severe depression through a campaign of harassment
Can biologcial harm be classified as GBH?
Yes, transmitting a serious disease can be GBH
Case: R v Dica - HIV knowingly transmitted
What is the actus reus of both s.20 and s.18?
Causing the V to recieve serious harm or wounding.
What is the mens rea for s.20
The defendant must have intended or been reckless as to casuing some harm (doesn’t have to be serious)
What is the mens rea for s.18?
The D must have intended to cause serious harm or wounding or to resist arrest.
Is recklessness enough for s.18?
No, there must be intention to cause GBH
What is the key difference in the Mens Rea between s.20 and s.18?
s.20: Intention or recklessness as to some harm
s.18: Intetion to cause serious harm
Why is s.18 considered more serious than s.20?
It requires specific intent and carries a much higher maximum sentence (life imprisonment)
