What is GBH S20?
Unlawful wounding or unlawful infliction of GBH and maliciously and intentionally or recklessly causing “some harm”
Actus Reus
Unlawful wounding or unlawful infliction of GBH
Wounding
Requires breaking the top 2 layers of skin
Wounding (Case)
R v Eisenhower
GBH
Really serious harm
GBH (Case)
R v Smith
R v Ireland
Psychiatric injury can be GBH
Unlawful Wounding/GBH
Unlawful unless there’s a lawful reason for inflicting it (consent, self-defence, police officer arresting suspect)
Mens Rea
Maliciously and intentionally or recklessly causing “some harm”
Intention
A decision by D to bring about a prohibited consequence; it is a deliberate act
Intention (Case)
R v Mohan
Recklessness
A conscious risk
Recklessness (Test)
Cunningham Test
D realised there was a risk
D decided to take the risk anyway
R v Savage
D only intend or be reckless that their acts could have caused “some harm” (no need to prove “really serious harm” was intended)
What Act is GBH S20 Under?
S20 Offences Against the Person Act 1861
What is the Maximum Sentence for GBH S20?
5 Years Imprisonment
What Type of Offence is GBH S20?
Triable Either Way