Non Fatal Offences Against the Person Non Fatal - GBH Non Fatal Offences Against the Person Non Fatal Offences – s.20 OAPA 1861 Wounding and Grievous Bodily Harm © The Law Bank 1 Non Fatal Offences Against the Person Non Fatal - GBH 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 © The Law Bank 2 Non Fatal Offences Against the Person Non Fatal - GBH 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!) © The Law Bank 3 Non Fatal Offences Against the Person Non Fatal - GBH 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. © The Law Bank 4 Non Fatal Offences Against the Person Non Fatal - GBH 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 © The Law Bank 5 Non Fatal Offences Against the Person Non Fatal - GBH Different permutations • • • • Intentional wounding Intentional infliction of GBH Reckless wounding Reckless infliction of GBH © The Law Bank 6 Non Fatal Offences Against the Person Non Fatal - GBH 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) © The Law Bank 7 Non Fatal Offences Against the Person Non Fatal - GBH JCC v Eisenhower (1984) 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 © The Law Bank 8 Non Fatal Offences Against the Person Non Fatal - GBH 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 © The Law Bank 9 Non Fatal Offences Against the Person Non Fatal - GBH 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) © The Law Bank 10 Non Fatal Offences Against the Person Non Fatal - GBH 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 © The Law Bank 11 Non Fatal Offences Against the Person Non Fatal - GBH R v Dica (2004) 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 © The Law Bank 12 Non Fatal Offences Against the Person Non Fatal - GBH 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) © The Law Bank 13 Non Fatal Offences Against the Person Non Fatal - GBH R v Mowatt (1976) 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 © The Law Bank 14 Non Fatal Offences Against the Person Non Fatal - GBH 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) © The Law Bank 15 Non Fatal Offences Against the Person Non Fatal - GBH 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 © The Law Bank 16