S.20 GBH

• D may be convicted for the offence of inflicting grievous bodily harm (GBH) contrary to section 20 of the Offences Against the Person Act 1861.
• Actus Reus - defined as 'really serious harm' (DPP v Smith) or 'serious harm' (Saunders)

  • Physical harm (Bollom)
  • Psychological mental injury (Burstow)
  • Biological injury (Dica)

  It can also include multiple minor injuries (Brown v Stratton) and can take into account V's age (Bollom)
• Causation

  1. Factual - 'but for' test (White)
  2. Legal - de minimis 'more than a minor cause' (Kimsey), operating and substantial cause 'most to blame' (Smith)
  3. New Intervening Acts - v's self neglect (Wallace), v's own actions (Roberts), actions of a 3rd party (Pagett), palpably wrong medical treatment (Smith/Jordan), thin skull rule (Blaue)
• Mens Rea - intention or recklessness to cause some harm albeit minor (Mowatt)

  1. Intention - aim, wish, desire to cause some harm albeit (Mohan)
  2. Recklessness - foresee a risk of causing some harm albeit minor and proceed to take it (Cunningham)
• Sentence

  Triable-either-way offence

  If both AR and MR are established, D would be guilty subject to any defence and if convicted, could face up to 5 years imprisonment.