S.20 OAPA 1861 Wounding / GBH

• What is the maximum custodial sentence for a triable-either way offence under OAPA 1861 for wounding or inflicting grievous bodily harm?

  Five years
• What are the two separate offences defined under OAPA 1861 for wounding or inflicting grievous bodily harm?

  Wounding and inflicting grievous bodily harm
• What constitutes a wound according to the OAPA 1861?

  A break in all layers of skin resulting in blood
• How is 'grievous bodily harm' defined in legal terms?


  'Grievous' harm means 'really serious'
• Can ABH type injuries on a vulnerable victim be classified as GBH?

  Yes, GBH includes ABH type injuries on a vulnerable victim
• What case established that multiple ABH type injuries can amount to GBH?

  Brown and Stratton
• What types of harm are included under bodily harm?

  Psychological injury and biological harm, such as HIV
• What is the mens rea required for wounding or inflicting grievous bodily harm?

  Intention or recklessness as to some physical harm
• If a defendant intends a minor injury but causes a serious one, under which section can they be charged?

  Under section 20
• What should happen if a defendant does not foresee the risk of any harm?

  They should be charged under section 47
• What is an example of biological harm mentioned in the study material?

  HIV
• What does the term 'unconsciousness' refer to in the context of bodily harm?

  It depends on the severity of unconsciousness
• What does OAPA stand for?

  Offences Against the Person Act
• What is the significance of the case Elsenhower in relation to wounding?

  It defines a wound as a break in all layers of skin resulting in blood
• What does the term 'recklessness' imply in the context of mens rea?

  It implies awareness of the risk of harm