S.20 OAPA 1861 - Wounding & GBH/Wounding & GBH with intent

• S.20 and/or S.18 OAPA 1861 - wounding and GBH and/ or wounding and GBH with intent - definition

  AR for s.20 and s.18 = the same

  D must wound or cause GBH
• s.20 GBH - MR

  intention or recklessness as to whether some harm is caused
• s.18 GBH - MR

  Belfon

  ->intention to do some GBH

  Morrisson

  ->maliciously resist arrest
• s.20/s.18 GBH - AR = wound or GBH

  Eisenhower

  -> a wound is a break in the continuity of the whole skin

  DPP v Smith

  -> GBH means really serious harm

  Wood

  -> can include broken bones

  Brown and Stratton

  -> can include a combination of injuries

  Dica/Rowe

  -> HIV can amount to GBH

  Golding

  -> Herpes can amount to GBH
• s.18 GBH/Wounding - MR


  Specific intent offence, and intention to cause really serious harm is needed (Belfon) or maliciously resisting arrest