s.18/20 (OAPA 1861)

s.18

s.20

indictable offence, max life

triable either way offence, max 5 years

unlawful and malicious wounding or causing gbh with intent

unlawful and malicious wounding or inflicting gbh

actus reus

wounding

c v eisenhower (1984) 'a wound is a break in the continuity of the skin- the outer and inner layers of the skin'

a wound requires bleeding- a break in the outer and inner and layers of the skin. it can be inflicted in numerous ways (1) using a weapon such as a knife or gun or setting a dog on the victim (dune 1986). (2) a broken bone that protrudes through the skin- compound fracture- this would be gbh. a wound causing visual disfigurement e.g. scar would also amount to gbh

gbh

dpp v smith (1961); saunders (1985) 'gbh means serious or really serious harm'

martin (1881) gbh can be inflicted directly or indirectly

bollom (2003) 'collective nature and context/ impact of injuries' 'gbh need not be life threatening or permanent- it need not even require treatment'

psychiatric injury

ireland; burstow- both abh and gbh can include psychiatric injury. confirmed chan-fook

there must be medical evidence to support this and mere emotions such as fear, panic or distress will not suffice, chan- fook (1994)

transmission of disease

dica (2004) gbh through transmission of hiv, s.20 OVERTURNED clarence (1888) which established that when a woman consented to sex she consented to any risk of contracting an sti

konzani (2005) addressed informed consent, if he told them about the hiv he would have had a defence

mens rea

intention to cause serious harm- can be direct (mohan) or oblique (nedrick; woolin)

intention to cause some harm or be reckless (mowatt; dpp v a)