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

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Actus Reus

Wound

GBH

Inflicting GBH

Cut or break in continuity of skin

'Inflict'

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)

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

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)