OAPA: S20 and S18 GBH

Question 1

Moriarty v Brookes

Answer 1

AR - ‘wounding’

If the skin is broken and there’s bleeding, there’s a wound

Question 2

C v Eisenhower

Answer 2

AR - ‘wounding’

Needs to be break in the continuity of the whole skin

Question 3

R v Burstow

Answer 3

AR (‘inflict’) - ‘inflict’ in s20 means cause (no requirement that physical force was directly/indirectly applied)

AR (‘GBH’) - Psychiatric injury can amount to GBH

Question 4

DPP v Smith

Answer 4

S18 MR

MR test for murder: in all circumstances, an ordinary and reasonable man would’ve foresaw death to be the natural and probable result of the GBH inflicted

Question 5

R v Bollom

Answer 5

AR - ‘GBH’

Less serious injuries amounted to GBH as the 17-month-old baby was a vulnerable

Question 6

R v Brown and Stratton

Answer 6

AR - ‘GBH’

Multiple ABH’s can amount to GBH

Question 7

R v Dhaliwal

Answer 7

AR - ‘GBH’

Emotions arising from verbal abuse isn’t recognized psychiatric injury - the suicide was ruled as voluntary act rather than immediate and reasonable response

Question 8

R v Savage

Answer 8

MR - s20

D intended or could foresee some harm would result from their actions

Question 9

R v Parmenter

Answer 9

MR - s20

Maliciously - it is not necessary that D intended the level of harm inflicted, only sufficient that D foresaw some physical harm

Question 10

S20 and s18 wounding and GBH plan

Answer 10

Wounding and GBH found in 2 separate sections OAPA 1861: s20 and s18
(difference in intent: s20 - WITHOUT, s18 - WITH) (will need to talk about both even if one applies)

S20:
Definition - “whosoever shall unlawfully and maliciously wound or inflict grievous bodily harm on any person, either with or without a weapon or instrument, shall be guilty of misdemeanor”
- The lesser offence, triable-either-way offence, carries maximum penalty of 5 years’ imprisonment

AR of s20:
D unlawfully wounds or inflicts GBH on another person
1) Unlawfully - some wounding/GBH may be classed as lawful (e.g. self-defence, prevention of crime, limited circumstances where V has consented eg medical procedures and injury from properly conducted sports/games)
2) Wound - exists where there’s a break in the continuity of the skin, causing external bleeding - Moriarty v Brookes, C v Eisenhower
3) Inflict - means ‘cause’ - R v Burstow
4) GBH - means really serious harm, such as long term/permanent injury or injury requiring extensive treatment - R v Bollom, R v Brown and Stratton, R v Burstow, R v Dhaliwal

MR of s20:
D had the intent to cause or be reckless as to the causing of some harm (not necessarily serious harm) - R v Savage, R v Parmenter

S18
Definition - “Whosoever shall unlawfully and maliciously wound or cause GBH on any person with intent to do some GBH… or with intent to resist or prevent the lawful apprehension or detainer of any person shall be guilty of a felony”
- The more serious offence, indictable offence, carries a maximum sentence of life imprisonment

AR of s18:
Despite the difference in verbs (‘inflict’ and ‘cause’), the AR’s of s20 and s18 are same

MR of s18:
Intent to cause GBH, or intent to resist or prevent the lawful detainer (arrest) of any person - R v Belfon, DPP v Smith

Causation + apply

Conclusion - if all elements are satisifed, D was be convicted.

Question 11

R v Belfon

Answer 11

S18 MR

Prosecution must prove D had intent to inflict GBH