1. S.20 Grievous Bodily Harm

2. General S.20 Offences Against the Person Act 1861 Either way offence
Maximum sentence – 5 years’ imprisonment
Definition - “Unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument”

3. Actus Reus Unlawful wounding; or
Unlawful infliction of grievous bodily harm

4. Actus Reus – unlawful
Same principles as battery and S.47 – no consent

5. Actus Reus - Wounding
Wounding = both layers of skin are broken, usually an open wound causing blood loss
JCC v Eisenhower – wound requires a “break in the continuity of the skin”- internal bleeding not sufficient
Scratches, abrasions, burns not wounds (unless second layer of skin broken). Neither are broken bones or internal ruptures
So, could be a relatively minor wound such as a pin prick as long as it breaks both layers of skin – although in practice this would not be enough

6. Actus Reus – Grievous Bodily Harm
Saunders – GBH means serious harm
Burstow – serious psychiatric harm could be GBH – campaign of harassment led to V suffering severe depressive illness
Examples of injuries amounting to GBH – broken bones, injuries requiring lengthy medical treatment, injuries causing a substantial loss of blood or permanent disability/disfigurement
Bollom – effect on the victim can affect the charge - baby suffered bruising to several parts of the body. Although bruising would normally be ABH it could amount to GBH in the case of a young child. This case could be used to support a charge of GBH instead of ABH if V is someone elderly or vulnerable
Brown and Stratton – V was a transsexual who went to the market stall where his father worked. Father felt humiliated and along with his cousin attacked V with a chair. V suffered broken nose, 3 lost teeth and concussion. If V suffers minor injuries which, taken as a whole amount to serious harm, this will constitute GBH despite the fact that the injuries viewed separately would not be GBH

7. Mens Rea Wounding or grievous bodily harm must be done maliciously
Cunningham - Maliciously has been interpreted to mean D must intend to inflict the harm or be subjectively reckless as to whether such harm will occur
Savage – D threw contents of glass of beer over V, but let go of glass and a piece of it cut V’s wrist – D had been reckless. Court confirmed that maliciously means intentionally or recklessly
Mowatt - Only need MR for some harm, not serious harm (do not need MR for the wound or GBH)
Parmenter – D not liable for S.20 as he had not foreseen the risk of any harm – D must foresee that he might cause some harm

8. Answering Questions on S.20 GBH
Is there either:
An unlawful wounding; or
An unlawful infliction of Grievous Bodily Harm?
Did D intend to inflict some harm or was he subjectively reckless as to whether such harm would occur?