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Malicious Wounding/Inflicting GBH (S.20) (Overview (2 offences (Malicious…
Malicious Wounding/Inflicting GBH (S.20)
Overview
2 offences
Malicious Wounding
GBH
Triable either way
Can be tried in CC and MC
Seen as more severe than s47 despite having same maximum sentence
Must show that D wounded or inflicted GBH
Must show that D intended some injury or was reckless to whether injury was inflicted
Actus Reus
Wound
Cut or break in continuity of skin
Internal skin e.g. cheek is sufficient
Internal bleeding and no cut not sufficient
Scratch not considered wound
Broken bone not considered wound unless skin broken
Cases
R V Wood (1830)
collar bone broken, skin still intact, no wound
JJC V Eisenhower (1983)
GBH
Serious harm
Physical harm
Psychiatric harm
Deliberate Infections with serious disease
Harm doesn't need to be life threatening
Cases
DPP V Smith (1961)
'really serious harm'
Saunders (1985)
'serious harm'
Bollom (2004)
Held that severity of injuries should be assessed according to age and health of V
R V Burstow (1997)
Serious psychiatric injury can be GBH
R V DIca (2004)
Infection with HIV
Inflicting GBH
'Inflict'
Originally taken as meaning there had to be technical assault or battery
allowed section to to be interpreted quite widely
show that D's actions lead to consequence of V being inflicted with GBH
Littel difference between s 20 and s 18 which uses word 'cause'
Cases
R V Burstow (!997)
decide that 'inflict' doesn't require technical assault or battery
R V Lewis (1974)
Mens Rea
'Maliciously'
didn't require any ill will towards person injured
Intention to do particular kind of harm that was done
Recklessness as to whether such harm should occur or not
No need for D to foresee wound or GBH
Cases
R V Parmenter (1991)
HOL confirmed meaning of recklessness (Cunningham)
Applies to all offences where the word 'maliciously' occurs
Cunningham (1957)