1. Non Fatal - GBH Non Fatal Offences Against the Person © The Law Bank Non Fatal Offences Against the Person Non Fatal Offences – s.20 OAPA 1861 Wounding and Grievous Bodily Harm 1

2. Non Fatal - GBH Non Fatal Offences Against the Person © The Law Bank Objectives Describe using authority the actus reus of s20 of the Offences against the Person Act 1861 Describe using authority the mens rea of s.20 of the Offences against the Person Act 1861 Apply the actus reus and mens rea of GBH/Wounding to problem questions 2

3. Non Fatal - GBH Non Fatal Offences Against the Person © The Law Bank S.20 – Wounding or Inflicting Grievous Bodily Harm Second most serious of the non fatal offences found in the OAPA 1861 Either-way offence Five years (just like ABH!) 3

4. Non Fatal - GBH Non Fatal Offences Against the Person © The Law Bank Definition – OAPA 1861 s20 Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without a weapon or instrument, shall be … liable to … five years imprisonment. 4

5. Non Fatal - GBH Non Fatal Offences Against the Person © The Law Bank Actus Reus Unlawful Wounding OR Inflicting Grievous Bodily Harm D is charged with one or the other, if he has done both then the prosecution must choose which one he is charged with 5

6. Non Fatal - GBH Non Fatal Offences Against the Person © The Law Bank Different permutations Intentional wounding Intentional infliction of GBH Reckless wounding Reckless infliction of GBH 6

7. Non Fatal - GBH Non Fatal Offences Against the Person © The Law Bank Key Definitions GBH is a general term meaning ‘really serious harm’ DPP v Smith [1961] A wound is a break in the continuity of the skin: JCC v Eisenhower (1984) 7

8. Non Fatal - GBH Non Fatal Offences Against the Person © The Law Bank JCC v Eisenhower (1984) 8 Case Law Assault - Assault - wounding or GBH - actus reus D shot V with an air gun. The pellet hit V near the eye, resulting in a bruise below the eyebrow and fluid filling the front of his eye. Principle – A wound is a break in the continuity of the whole skin; an internal rupturing of the blood vessels is not a wound. Not Guilty of wounding

9. Non Fatal - GBH Non Fatal Offences Against the Person © The Law Bank Key Definitions GBH is a general term meaning ‘really serious harm’ DPP v Smith [1961] A wound is a break in the continuity of the skin: JCC v Eisenhower (1984) These two forms of actus reus cover a wide range of harm. Often overlap 9

10. Non Fatal - GBH Non Fatal Offences Against the Person © The Law Bank Grievous Bodily Harm A collection of relatively minor injuries can amount to GBH Brown and Stratton (1998) Injuries caused to a child or elderly person will be more serious than the same injuries to a strong healthy adult R v Bollom (2004) 10

11. Non Fatal - GBH Non Fatal Offences Against the Person © The Law Bank Infliction Always thought that GBH had to be inflicted on the victim and that this meant something different from s18 where it has to be caused There is no distinction between cause and inflict in relation to psychiatric injury Burstow (1997) This also applies in relation to physical harm (even if that meant through transmission of a disease) Dica (2004) – Biological GBH (no need for an assault or battery 11

12. Non Fatal - GBH Non Fatal Offences Against the Person © The Law Bank R v Dica (2004) 12 Case Law Assault - biological GBH D infected two women with HIV. Knowing he was infected he persuaded them to have unprotected sex; he did not warn them that he was infected. Principle – Guilty of causing grievous bodily harm. Sentenced to 8 years. Guilty

13. Non Fatal - GBH Non Fatal Offences Against the Person © The Law Bank Mens Rea of s.20 Must be done maliciously This means intention or subjective recklessness Cunningham (1992) The prosecution does not have to prove that D intended or foresaw the wound or GBH but has to foresee that some harm might occur (Mowatt (1976) 13

14. Non Fatal - GBH Non Fatal Offences Against the Person © The Law Bank R v Mowatt (1976) 14 Case Law Assault - GBH - mens rea - intentional or reckless causing of some physical harm D struck V several times, knocking him unconscious. D's companion had taken money from V. V had seized D by the lapels and demanded to know where D's companion was. Principle – Intention or recklessness as to the wound or GBH need not be proved. Diplock LJ: "It is enough that [D foresaw]... that some physical harm to some person, albeit of a minor character, might result." Guilty of wounding

15. Non Fatal - GBH Non Fatal Offences Against the Person © The Law Bank Mens Rea of s.20 Must be done maliciously This means intention or subjective recklessness Cunningham (1992) The prosecution does not have to prove that D intended or foresaw the wound or GBH (Mowatt (1976) Confirmed in DPP v A (2000) 15

16. Non Fatal - GBH Non Fatal Offences Against the Person © The Law Bank Objectives Describe using authority the actus reus of s20 of the Offences against the Person Act 1861 Describe using authority the mens rea of s.20 of the Offences against the Person Act 1861 Apply the actus reus and mens rea of GBH/Wounding to problem questions 16