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Wounding and GBH - Coggle Diagram
Wounding and GBH
Section 18 wounding and GBH
Actus reus
Despite the use of the different words ‘inflict’ in s20 and ‘cause’ in s18- there is very little difference between the actus reus of s20 and that of s18. For the purposes of your course, it is safe to assume they mean the same thing
Mens rea
This requires either intent to cause GBH or intent to resist or prevent the lawful detainer (arrest) of any person
‘Whosoever shall unlawfully and maliciously by any means whatsoever would or cause grievous bodily harm to any person, with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the unlawful apprehension or detainer of any person shall be guilty of felony’
section 18 is a more serious offence than s20. It is indictable and carries a maximum sentence of life imprisonment
Section 20 wounding and GBH
Actus reus of s20
This requires the defendant to unlawfully would or inflict GBH on another person
Unlawfully
Some wounding or GBH may be classed as lawful. This covers those who are acting in self-defence or prevention of crime and in limited circumstances where the victim has consented (medical procedures and properly conducted sports)
Wound
A wound exists where there is a break in the continuity of the skin causing external bleeding
Moriarty v Brookes
C v Eisenhower
Inflict
‘Inflict’ simply means ‘cause’
R v Burstow
GBH
‘Grievious bodily harm’ means really serious harm, such as long-term/ permanent injury or injury requiring extensive treatment
it can also include
less serious injuries if the victim is vulnerable e.g. particularly old or young
multiple ABHs
psychiatric injury, but it must be a recognisable illness
DPP v Smith, R v Bollom, R v Brown and Stratton, R v Burstow, R v Dhaliwal
Mens rea of s20
This requires the defendant to have the intention to cause, or be reckless as to the causing of, some harm. There is no need to establish that they intended or were reckless as to causing serious harm
R v Savage
R v Parmenter
‘Whosoever shall unlawfully and maliciously wound or inflict and grievious bodily harm on any other person, either with or without a weapon or instrument, shall be guilty of a misdemeanour’
a conviction under s20 represents the lesser offence, which is triable either way and carries a maximum penalty of five years’ imprisonment. The main difference between the offences relate to the mens rea
Wounding and GBH are found under two separate sections of the Offences Against the Person Act 1861