GBH- S.20/S.18

Cards (6)

  • Act can be seen as outdated
    The Offences Against the Persons Act, 1861 is very old and outdated- "grievous" "malicious"
  • However,
    There is case law which define the words which are used to define the outdated words, JJC v Eisenhower, DPP v Smith
  • Same Actus Reus for both but different max sentencing
    S.20- Max 5 years
    S.18- Max life
  • However,
    The difference in Mens Rea means it is somewhat acceptable
  • No need for the wounding to be serious
    JJC v Eisenhower- "cut that breaks the skin"
    Means it could be a little cut that would be GBH
  • However,
    CPS guidelines claims that minor cuts would be ABH