S.20 Wounding Summary

• The defendant (D) may be convicted of unlawful and malicious wounding contrary to s.20 of the Offences Against the Person Act 1861.
• Actus Reus - a break in the continuity of the whole skin, this is both outer and inner layers of the skin (first two lawyers) usually with blood loss (Eisenhower)
• Causation

  1. Factual - 'but for' test (R v White)
  2. Legal - de minimis 'more than a minor cause' (R v Kimsey), operating and substantial cause 'most to blame' (R v Smith)
  3. Novus Actus Interveniens - v's own actions (Roberts), v's self neglect (Wallace/Holland), actions of a 3rd party (Pagett), palpably wrong medical treatment (Jordan/Smith), thin skull rule (Blaue)
• Mens Rea - intention or reckless to cause some harm albiet not serious (Mowatt)

  1. Intention - aim, wish, desire to cause some harm albeit not serious (Mohan)
  2. Recklessness - foresee a risk of causing some harm albeit not serious and proceed to take it (Cunningham)
• Sentence

  Triable-either-way offence

  Can face up to 5 years imprisonment