Grievous Bodily Harm Section 20 AO1

Section and act?

Section 20 OAPA 1861

Offence category and max sentence?

Triable Either Way

5 years

Actus Reus?

Wounding or inflicting grievous bodily harm

What is the definition of wound? What case defined it?

A break in the continuity of the skin- Eisenhower

What does inflicting mean?

Inflicting=causing

What is Grievous Bodily Harm? What case defined the level of harm?

Saunders said GBH means serious harm

What did the case of Bollom say you need to consider?

Bollom said you need to consider the victim when looking at how serious the harm is (eg bruising a baby would be more serious as opposed to bruising an adult).

What else does GBH now include?

GBH now includes biological harm. For example STDs (Dica-HIV, Golding-herpes). GBH doesn’t need to be life threatening.

What did the case of Burstow say about G’B’H?

‘Bodily’ includes the mind. Burstow’s severe depression caused GBH.

Mens Rea?

‘Maliciously.’ D intends some harm or is reckless (Cunningham) as to some harm. D forsees the risk of some harm but takes that risk anyway (Mohan).

Reform Proposal?

Law Commission 2015

Suggested calling it ‘reckless serious injury’

Separates the MR & includes mental harm