Subjects

Careers

Open the App

Subjects

Understanding S18 and S20 GBH: Cases, Sentences, and Differences

Open

10

0

user profile picture

Demetra

10/04/2023

Law

Wounding

Understanding S18 and S20 GBH: Cases, Sentences, and Differences

Section 18 wounding with intent and Section 20 GBH are serious offences under the Offences Against the Person Act 1861, with significant legal distinctions and potential sentences.

  • S18 OAPA involves intentional wounding or causing grievous bodily harm, carrying a maximum life sentence
  • Section 20 GBH involves malicious wounding or inflicting GBH, with a maximum 5-year sentence
  • Key differences lie in the mens rea (mental element) and severity of intent
  • Both require proving unlawful action, causation, and malicious wounding
  • Consent and self-defense can impact the unlawfulness of the act
  • Case law provides important examples and interpretations for both offences
...

10/04/2023

304

Wounding - A s20 and s18 offence
DEFINITION:
s20 and s18: Wound means "a cut or a break in the continuity of the whole skin with blood
loss"

View

Wounding: Case Law and Mens Rea

This page delves deeper into the legal interpretation of wounding through case law and explores the mens rea mentalelementmental element for both Section 20 and Section 18 GBH.

Example: In JJC v Eisenhower 19831983, it was held that internal bleeding without a cut to the skin does not constitute a wound.

Example: R v Wood 18301830 established that a broken bone without skin breakage is not considered a wound.

The mens rea of GBH s20 is explained using the term "maliciously", which was interpreted in Cunningham 1957:

  • It requires either an intention to cause some level of harm or recklessness as to whether some harm was caused.
  • There's no need to intend serious harm or a wound, only the mens rea for some harm is required.

Highlight: For Section 20, the defendant does not need to foresee the specific injury that occurred.

The mens rea of GBH s18 is more stringent:

  • Mere intention to wound is not sufficient.
  • The defendant must intend to cause grievous bodily harm or to resist/prevent lawful apprehension.

Example: In R v Taylor 20092009, the Court of Appeal quashed a Section 18 conviction because intention to wound was not enough; the defendant must have intended "really serious harm".

Highlight: Recklessness is not enough for the mens rea of Section 18; only intention will suffice, as stated in Saunders.

The page concludes with another case example, R v Morrison 19891989, which further illustrates the prosecution's burden of proof in Section 18 cases.

Can't find what you're looking for? Explore other subjects.

Knowunity is the #1 education app in five European countries

Knowunity has been named a featured story on Apple and has regularly topped the app store charts in the education category in Germany, Italy, Poland, Switzerland, and the United Kingdom. Join Knowunity today and help millions of students around the world.

Ranked #1 Education App

Download in

Google Play

Download in

App Store

Knowunity is the #1 education app in five European countries

4.9+

Average app rating

21 M

Pupils love Knowunity

#1

In education app charts in 17 countries

950 K+

Students have uploaded notes

Still not convinced? See what other students are saying...

iOS User

I love this app so much, I also use it daily. I recommend Knowunity to everyone!!! I went from a D to an A with it :D

Philip, iOS User

The app is very simple and well designed. So far I have always found everything I was looking for :D

Lena, iOS user

I love this app ❤️ I actually use it every time I study.

 

Law

304

10 Apr 2023

2 pages

Understanding S18 and S20 GBH: Cases, Sentences, and Differences

user profile picture

Demetra

@demetra_21

Section 18 wounding with intent and Section 20 GBH are serious offences under the Offences Against the Person Act 1861, with significant legal distinctions and potential sentences.

  • S18 OAPAinvolves intentional wounding or causing grievous bodily harm, carrying a maximum... Show more

Wounding - A s20 and s18 offence
DEFINITION:
s20 and s18: Wound means "a cut or a break in the continuity of the whole skin with blood
loss"

Sign up to see the contentIt's free!

Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Wounding: Case Law and Mens Rea

This page delves deeper into the legal interpretation of wounding through case law and explores the mens rea mentalelementmental element for both Section 20 and Section 18 GBH.

Example: In JJC v Eisenhower 19831983, it was held that internal bleeding without a cut to the skin does not constitute a wound.

Example: R v Wood 18301830 established that a broken bone without skin breakage is not considered a wound.

The mens rea of GBH s20 is explained using the term "maliciously", which was interpreted in Cunningham 1957:

  • It requires either an intention to cause some level of harm or recklessness as to whether some harm was caused.
  • There's no need to intend serious harm or a wound, only the mens rea for some harm is required.

Highlight: For Section 20, the defendant does not need to foresee the specific injury that occurred.

The mens rea of GBH s18 is more stringent:

  • Mere intention to wound is not sufficient.
  • The defendant must intend to cause grievous bodily harm or to resist/prevent lawful apprehension.

Example: In R v Taylor 20092009, the Court of Appeal quashed a Section 18 conviction because intention to wound was not enough; the defendant must have intended "really serious harm".

Highlight: Recklessness is not enough for the mens rea of Section 18; only intention will suffice, as stated in Saunders.

The page concludes with another case example, R v Morrison 19891989, which further illustrates the prosecution's burden of proof in Section 18 cases.

Sign up to see the contentIt's free!

Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Wounding - Section 20 and Section 18 Offences

This page provides an overview of wounding offences under Section 18 and Section 20 of the Offences Against the Person Act 1861. It defines wounding and outlines the key elements of both offences, including their actus reus physicalelementsphysical elements and potential sentences.

Definition: A wound is defined as "a cut or a break in the continuity of the whole skin with blood loss".

The page distinguishes between Section 20 GBH GrievousBodilyHarmGrievous Bodily Harm and Section 18 wounding with intent:

  • Section 20 carries a maximum sentence of 5 years imprisonment.
  • Section 18, often referred to as "wounding with intent", can result in life imprisonment.

The actus reus of both offences consists of three elements:

  1. Unlawful act
  2. Infliction causationcausation
  3. Malicious wound

Highlight: For an act to be unlawful, there must be no consent and the action must not be in self-defense.

The page provides two important case examples illustrating the concept of unlawfulness:

Example: In Rumelin 20192019, consent to a Botox injection by an unqualified person was not considered valid consent.

Example: In R v BM 20182018, consent was not a valid defense for body modifications that resulted in GBH under Section 18.

The concept of infliction, also known as causation, is briefly explained, emphasizing the need to establish both factual and legal causation.

Can't find what you're looking for? Explore other subjects.

Students love us — and so will you.

4.9/5

App Store

4.8/5

Google Play

The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.

Stefan S

iOS user

This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.

Samantha Klich

Android user

Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.

Anna

iOS user

Best app on earth! no words because it’s too good

Thomas R

iOS user

Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.

Basil

Android user

This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.

David K

iOS user

The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!

Sudenaz Ocak

Android user

In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.

Greenlight Bonnie

Android user

very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.

Rohan U

Android user

I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.

Xander S

iOS user

THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮

Elisha

iOS user

This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now

Paul T

iOS user

The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.

Stefan S

iOS user

This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.

Samantha Klich

Android user

Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.

Anna

iOS user

Best app on earth! no words because it’s too good

Thomas R

iOS user

Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.

Basil

Android user

This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.

David K

iOS user

The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!

Sudenaz Ocak

Android user

In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.

Greenlight Bonnie

Android user

very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.

Rohan U

Android user

I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.

Xander S

iOS user

THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮

Elisha

iOS user

This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now

Paul T

iOS user