s20 GBH

• S20 GBH max sentence

  - known as ' malicious wounding '

  - max is 5 years

  - triable either way offence
• Actus reus and Mens rea requirements

  Actus reus :

  - wounding

  - or inflicting grievous bodily harm

  
  

  Mens rea :

  - intending some injury ( not serious injury ) be caused

  - or being reckless as to whether any injury inflicted
• Describe wound and what isn't sufficient

  A wound is a cut or break in the continuity of the whole skin

  - a cut of internal skin, like the mouth, is sufficient but internal bleeding where is no cut of skin isn't sufficient

  - evidence usually visible bleeding

  
  

  Seen in EISENHOWER ( V hit in eye with gun pellet, caused severe internal bleeding under surface as no cut it was held no wound )

  
  

  WOOD - broken bone no wound , skin remained intact
• Grievous bodily harm


  - DPP V SMITH GBH means really serious harm

  - SAUNDERS - doesn't have to be life threatening

  
  

  - can include brief unconsciousness, sever beatings and broken bones

  - a collection of ABH injuries may become GBH

  - BOLLOM - severity of injuries assessed according to V age/health

  - BURSTOW - serious psychiatric injury be GBH ( sever depression )

  
  

  DICA - transmission HIV be GBH and ignoring advice to be tested ( KONZANI )

  Recently extended cases concerning sexual hepatitis ( YASAR ) and genital herpes ( GOLDING )
• Inflicting


  - S20 uses word inflict and originally taken As meaning there must be assault or battery

  LEWIS , Oh why so scared of husband she jumped in the window and broke both legs the threats made were held to be a technical assault

  
  

  - However in Burstow it decided that inflict does not now require a technical assault or battery. Meaning that it needs only be shown that the defendant acts have led to the consequence of V suffering GBH.

  
  

  - This shows that there is little difference between the actus reus of section 20 inflict and section 18 cause
• Mens rea of S20

  CUNNINGHAM - ' malicious' didn't require any Ill will towards a person it means

  - intention to do particular kind of harm done

  - recklessness as to whether harm occurred or not ( R V MOWATT )

  
  

  In PARMENTER, HL confirmed the Cunningham meaning of recklessness applies to all offences which definition uses word maliciously

  
  

  So prosecution has to prove

  - intended to cause another some harm

  - was subjectively reckless as to whether another person suffered some harm