Malicious wounding and grievous bodily harm under section 20

Overview

Wounding as a break through both layers of skin, grievous bodily harm as really serious harm judged against the particular victim, and the maliciousness that means foresight of some harm.

What you need to know

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Questions from this subtopic

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1. 1

   Which provision creates the offences of malicious wounding and inflicting grievous bodily harm?

   Model answer

   Section 20 of the Offences Against the Person Act 1861 creates the offences. The section covers unlawfully and maliciously wounding or inflicting grievous bodily harm.

2. 2

   Define a wound for the purposes of section 20.

   Model answer

   A wound requires a break in the continuity of both layers of the skin. Internal bleeding without a break in the skin is not a wound.

3. 3

   Which case decided that a ruptured internal blood vessel is not a wound?

   Model answer

   C (a minor) v Eisenhower [1984] held that internal bleeding in the eye caused by an airgun pellet was not a wound. The skin had not been broken.

4. 4

   How is grievous bodily harm defined for section 20?

   Model answer

   DPP v Smith [1961] defined grievous bodily harm as really serious harm. The jury applies the words in their ordinary sense.

5. 5

   How is the seriousness of harm assessed for a particular victim?

   Model answer

   R v Bollom [2004] held that the harm is assessed in relation to the age and health of the victim. Bruising to a small child may be grievous bodily harm where the same bruising to an adult would not.

6. 6

   Does inflict require a technical assault?

   Model answer

   R v Burstow [1998] held that grievous bodily harm may be inflicted without any assault or direct force. A stalking campaign causing severe depression was within the section.

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