s20- malicious wounding/ inflicting GBH

Cards (10)

  • Which case defined a wound for s20?

    Eisenhower
  • what did eisenhower define a wound as?

    a break in the continuity of the skin.
  • DPP V Smith: defines GBH as ‘really serious harm’
  • R V Bollom- severity of the injuries in s20 should be assessed according to the victims age and health.
  • R V Dica- HIV (s20)
  • R V Barstow (s20):
    ’inflict ‘ require a technical assault or battery. D’s actions must’ve led to the victim suffering GBH.
  • mens rea of s20:
    • intention to cause the type of harm.
    • recklessness as to whether such harm should occur.
  • s20 mens rea- Cunningham meant that ‘maliciously’ didn’t require any ill will towards the person injured.
  • R V Parmenter (s20):
    No need for the defendant to foresee the level of serious injury, a wound or GBH.
  • what is the maximum sentence for s20?

    5 years imprisonment