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