Under S.20 OFFENCES AGAINST THE PERSON ACT 1861

• WHAT IS AN OFFENCE UNDER S.20 OAPA 1861?

  • Under s.20 of the OAPA 1861 it is an offence to:
  • maliciously inflict grievous bodily harm (GBH); and/or
  • maliciously wound
• Actus Reus of S.20 OAPA 1861:

  • GBH means ‘really serious harm’: DPP v SMITH
  • Wounding requires a breaking of the whole skin: EISENHOWER
• Mens Rea of S.20 OAPA 1861:

  The mens rea for s.20 is defined by the word ‘maliciously’. This requires that D either intends or is reckless as to inflicting some harm to V: MOWATT.