Section 20 Flashcards
1
Q
1) Intro
A
D can be charged under S.20 OAPA 1861 for v’s injuries.
2
Q
2) AR
A
- The AR of section 20 is ‘wounding or inflicting GBH’.
- In Eisenhower ‘wound’ was defined as ‘both layers of skin to be broken’.
- In Smith, ‘GBH’ was defined as really serious harm.
*Apply - What wound/GBH did V suffer & would this break two layers of skin/ be considered really serious harm?
3
Q
3) Causation
A
Apply but for test & significant contribution test.
4
Q
4) MR
A
- The MR of S.20 is ‘intention or recklessness as to inflict some harm’.
- D doesn’t need to intend or be reckless about inflicting a wound or GBH, forseeing some harm could occur is enough (Parmenter).
- Direct intent is where the act was D’s main aim or purpose (Mohan).
- Recklessness is where D knew there was a risk of the act occurring but continued with his actions (Cunningham).
•(Transferred malice (Latimer)).
5
Q
5) Conclusion
A
•D potentially has both the AR & MR of S.20 & so could be guilty of this offence & get up to 5 years imprisonment.
