s20 GBH

Cards (15)

  • It is an indictable offence so can be tried in magistrate court or the crown court by jury
  • It carries a max sentence of 5yr imprisionment
  • s20 GBH is where D has unlawfully and maliciously mounded or inflicted GBH to any person
  • The first element of the AR is unlawfully - it would be lawful in self defnce or in defence of another
  • the next element is either wounded or inflicting GBH
  • In Moritary v Brookes , A wound is defined by lord Lyndhurst as an injury to the V by which the skin is broken and there is bleeding
  • there was no wound due to a broken color bone in R V Wood
  • inflicting GBH is causing really serious harm
  • it was said in R V Burtow it can be psychological and in R V Dica it was decided it could be physical
  • In DDP V Smith, it was decided that GBH Is really serious harm. Objectively assessed
  • In R V Bollom it was decided that the age and health of the v should be considered
  • R V Brown and Straton decided that it could be accumulative , as in repeated ABH can amount to GBH
  • The MR FOR S.20 IS MALICIOUSLY, THIS MEANS IT CAN BE EITHER DIRECTLY INTENDED OR THE D was rekclace
  • As seen in R V Savage, you only need to foresee some harm to be found liable. She only intended battery, not GBH but it is irrelevant as she still intended/ foresaw some harm
  • R V Parametre shows that if the D did not foresee the risk then they were not being reckless so there is not mr for s20