s20

    Cards (7)

    • what does section 20 OAPA 1861 state?
      there are two offences:
      malicious wounding
      inflicting grievous bodily harm
      *triable either way offence*
    • what are the three elements?
      unlawful
      wound
      grievous bodily harm
    • "unlawful"

      act must be unlawful
      this main issue revolve around consent and specific exceptions such as surgery
      r v melin
    • "wound"
      is a cut or break in the continuity of the skin
      no cut of the skin=noit sufficient
      jjc v eisenhower
      visible bleeding is normally the evidence
    • grievous bodily harm
      means really serious harm which may be physical, psychiatric or by deliberate infection with a serious disease
    • inflicting grievous bodily harm- r v Burstow
      it was decided that inflict does not require a technical assault or battery. it need only be shown that the d actions have led to the consequence of the v suffering GBH. means that there is now little if any difference in AR of the offences under s20 and s18 which uses the word 'causes'
    • MR of s20
      intention or subjective recklessness as to causing some injury (though not serious)
      r v parameter