Grievous Bodily Harm (GBH) S20

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