s20

• 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