S18 + S20 OAPA Flashcards

(9 cards)

1
Q

S18 + S20 (HOW SERIOUS IS THE HARM(

A

It is the absolute maximum harm inflicted upon a person without it proving fatal.

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2
Q

S.20 name + Actus Reus

A
  • Unlawfully
  • Wounding/or Inflicting GBH
  • On another person
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3
Q

1st AR for S.20

A

Unlawfully

Inflicting harm is prima facie unlawful

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4
Q

2nd part of AR for S.20

Wounding

A

Wounding

Eisenhower -> breaking of both layers of the external skin

Wood -> Cannot just be internal

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5
Q

Why might the definiton of wounding be suprising? And what can we try to use to help address this

A

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

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6
Q

3rd AR for S.20

A

On another person

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7
Q

AR 2 S.20 Inflicting GBH

A

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

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8
Q

Mens Rea S.20

A

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

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9
Q

Mens Rea S.18

A

Cause grievous bodily harm (GBH) to any person

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