S.20 Grievous Bodily Harm

General S.20 Offences Against the Person Act 1861 Definition - “Unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument”

Actus Reus Unlawful wounding; or Unlawful infliction of grievous bodily harm

Actus Reus - Wounding Wounding = both layers of skin are broken, usually causing blood loss JCC v Eisenhower – wound requires a “break in the continuity of the skin”- internal bleeding not sufficient Scratches, abrasions, burns not wounds (unless second layer of skin broken). Neither are broken bones or internal ruptures “Skin” includes inner lining of cheeks and lips So, could be a relatively minor wound such as a pin prick as long as it breaks both layers of skin

Actus Reus – Grievous Bodily Harm DPP v Smith – GBH means really serious harm But Saunders – serious harm is enough Burstow – serious psychiatric harm could be GBH – campaign of harassment led to V suffering severe depressive illness Examples of injuries amounting to GBH – broken bones, injuries requiring lengthy medical treatment, injuries causing a substantial loss of blood or permanent disability/disfigurement Bollom – effect on the victim can affect the charge - baby suffered bruising to several parts of the body. Although bruising would normally be ABH it could amount to GBH in the case of a young child. This case could be used to support a charge of GBH instead of ABH if V is someone elderly or vulnerable Brown and Stratton – If V suffers minor injuries which, taken as a whole amount to serious harm, this will constitute GBH despite the fat that the injuries viewed separately would not be GBH Burstow – No need for an assault or battery – no need to apply direct or indirect force – Prosecution only need to prove that D caused V to suffer GBH. The words cause (s.18) and inflict (s.20) are interchangeable Dica – “biological” GBH – D knowingly suffering from HIV infected 2 women through consensual sex – GBH even though no assault or battery

Mens Rea Wounding or grievous bodily harm must be done maliciously Cunningham - Maliciously has been interpreted to mean D must intend to inflict the harm or be subjectively reckless as to whether such harm will occur Mowatt - Only need MR for some harm, not serious harm (do not need MR for the wound or GBH)

Answering Questions on S.20 GBH 1.Is there either: An unlawful wounding; or An unlawful infliction of Grievous Bodily Harm? 2.Did D intend to inflict some harm or was he subjectively reckless as to whether such harm would occur?