Section 20

• Definiton

  • Section 20 OAPA 1861
  • 'Whoever shall unlawfully and maliciously wound or inflict any GBH on any other person, either with or without a weapon or instrument, shall be guilty of a misdemeanour'
• Actus reus

  1. Unlawfully
  2. Wound
  3. or inflict GBH
  4. ANOTHER PERSON
• Unlawful

  • Covers those acting in self defence or prevention of crime + in limited circumstances where the victim has consented
• Wound

  • Break in the continuity of the skin (Moriarty v Brookes)
  • Internal rupture of blood vessels will not constitute a wound (R v Eisenhower)
• GBH

  • Really serious harm (DPP v Smith)
  • If the v is particularly vulnerable, the jury is entitled to take this into account when assessing if the injury is really serious (R v Bolam)
  • Measured objectively
  • Psychiatric injury (R v Burstow)
  • Combined injuries may amount to GBH (R v Brown + Stratton)
• Inflict

  • Direct or indirect application of force (R v Wilson)
  • Psychiatric injury (R v Burstow)
• On another person

  • Section 20 = must inflict on another person
• Mens rea

  • D must have intention/be reckless to causing harm
  • R v Savage 1991