S18 + S20 OAPA Flashcards
(9 cards)
S18 + S20 (HOW SERIOUS IS THE HARM(
It is the absolute maximum harm inflicted upon a person without it proving fatal.
S.20 name + Actus Reus
- Unlawfully
- Wounding/or Inflicting GBH
- On another person
1st AR for S.20
Unlawfully
Inflicting harm is prima facie unlawful
2nd part of AR for S.20
Wounding
Wounding
Eisenhower -> breaking of both layers of the external skin
Wood -> Cannot just be internal
Why might the definiton of wounding be suprising? And what can we try to use to help address this
Mere split of a skin (caused by a little pin or needle) can satisfy the definition
This does not sound like very serious harm
CPS charging standards say we should treat the smaller ones under s.47
3rd AR for S.20
On another person
AR 2 S.20 Inflicting GBH
Inflicting
Burstow — “inflict” includes indirect or psychological harm, no need for physical force
Dica - Confirms Burstow — “inflict” effectively means the same as “cause”, as long as serious harm results.
GBH harm is ‘really serious’ as per the Smith
Mens Rea S.20
Malice
This can include Intention or recklessness
** R v Parmenter ** - affirmed the above principle + established foreseeability is not necessary
unlawfully + maliciously wound or inf any GBH upon any other person
Mens Rea S.18
Cause grievous bodily harm (GBH) to any person