S20 GBH

Definition

Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person, either with or without any weapon or instrument, shall be guilty of an offence.

AR - Unlawful

No defense to the act, can consent to some wounds eg tattoos due to age restriction set by statute.
Case: R v Melin

Wound

A cut or a break in the continuity of the whole skin. A cut of internal skin, such as in the cheek is sufficient but internal bleeding where there is no cut of the skin is not sufficient.

JCC v Eisenhower

Cut or break in the cotinuity of the whole skin (internal bleeding is insufficient for a wound) does not have to amount to GBH

Wood (1830)

Broken bones was not a wound because the skin was intact.

Smith (1961) - GBH

Really serious harm, but not life threatening:

• Compound fractures

• Broken bones

• Permanent disability

• Disfigurement

• Lengthy or incapacity

• Psychiatric injury (with medical evidence)

AR - Inflict

Section 20 uses the word inflict: originally, this was taken as meaning that there had to be a technical assault or battery although the section was inferred.

Burstow (1997)

Serious psychological harm can be grievous bodily harm

AR - GBH

Saunders - serious harm

Bollom (2003)

D caused severe bruising to 17th month old baby

V’s age and health are relevant when deciding an injure that amounted to GBH.

Dica (2004)

D had intercourse with 2 women when he knew he was HIV positive.

Both women contracted HIV

HJIV was claimed to be GBH

MR - Maliciously

Intentionally or recklessly causing some harm, not level of harm (ie wounding)

Parmenter (1991)

D injured 3 month old baby when throwing child in air and catching it

D said that he did this with older children and did not receive risk of injury

Not guilty as he did not intend for this

R v Savage

Threw a pint beer over the V in a pub. Glass slipped out of the D’s hand and out the V’s wrist

D intended the outcome to see that harm would occur.