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Malicious Wounding/ Inflicting GBH (s.20 OAPA) Key Cases
    Case                        Facts                                          Principle
   JCC v         The V was hit in the eye with a                 ‘Wound’ means a cut or break in the skin,
                                                               internal bleeding where there is no cut is not
                  shotgun pellet. This did not
Einsenhower     penetrate the eye but did cause
                                                               sufficient. (There was no cut in this case, so
                                                                                 no wound).
   (1983)     severe bleeding under the surface.

   Wood                                                        Even a broken bone is not considered
              The victim’s collar bone was broken              a wound, unless the skin is broken as
  (1830)           but the skin was intact.                                    well.


   DPP v                                                       It was held that grievous bodily harm
              (You don’t need the facts for DPP v              means ‘really serious harm’. The harm
   Smith                    Smith).                            does not have to be life threatening.
  (1961)
 Saunders                                                        It was held that it was alright to
                (You don’t need the facts for the                direct a jury that there need be
  (1985)                 Saunders case).                       ‘serious harm’ not including the word
                                                                              ‘really’.

  Bollom        A 17 month old child had bruising to her
              abdomen, arms and legs. D was convicted of
                                                                It was held that the severity of the
                                                               injuries should be assessed according
  (2004)         causing GBH. Bruising of this severity
                                                                      to the V’s age and health.
                 would be less serious on an adult in full
                                  health.
               D carried out an 8 month campaign against
 Burstow      an ex-girlfriend, including silent and abusive
                                                               Serious psychiatric injury can be GBH
                                                                  AND ‘inflict’ does not require a
 (1997)         phone calls, hate mail and stalking. This
                                                                   technical assault or battery.
               caused V to suffer from serve depression.
                   D was convicted with s.20 OAPA.

   Dica       The D had unprotected sex with two                  Infecting Vs with HIV is causing
               women without telling them he was                       grievous bodily harm.
  (2004)                 HIV positive.
                 D shouted threats at his wife through a
   Lewis       closed door in a second floor flat and tried
                                                                 ‘Inflict’ can be interpreted widely.
                                                                Technical assault or battery is not
  (1974)      to break his way through the door. His wife
                                                                always needed. In this case threats
              was so scared that she jumped through the
                   window breaking both her legs. D was          could be considered as a technical
                             convicted of s.20.                                 assault.
Cunningham    The D tore a gas meter from the wall of an
               empty house in order to steal the money in
                                                                ‘Maliciously’ simply means an intention to do
                                                               the particular kind of harm that was done, or
  (1957)        it. It leak gas and a woman next door was      recklessness as to whether such harm should
               affected. D had not intended the harm nor                         occur or not.
                    had he been subjectively reckless.
                  D injured his 3 month old child when he        In this case H of L confirmed that the
Parmenter        threw him in the air and caught him. His      Cunningham meaning of recklessness applies
  (1991)        s.20 conviction was substituted for a s.47        to all offences in which the statutory
              as he did not realise the risk of harm to the       definition uses the word ‘maliciously’.
                                   child.

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  • 1. Malicious Wounding/ Inflicting GBH (s.20 OAPA) Key Cases Case Facts Principle JCC v The V was hit in the eye with a ‘Wound’ means a cut or break in the skin, internal bleeding where there is no cut is not shotgun pellet. This did not Einsenhower penetrate the eye but did cause sufficient. (There was no cut in this case, so no wound). (1983) severe bleeding under the surface. Wood Even a broken bone is not considered The victim’s collar bone was broken a wound, unless the skin is broken as (1830) but the skin was intact. well. DPP v It was held that grievous bodily harm (You don’t need the facts for DPP v means ‘really serious harm’. The harm Smith Smith). does not have to be life threatening. (1961) Saunders It was held that it was alright to (You don’t need the facts for the direct a jury that there need be (1985) Saunders case). ‘serious harm’ not including the word ‘really’. Bollom A 17 month old child had bruising to her abdomen, arms and legs. D was convicted of It was held that the severity of the injuries should be assessed according (2004) causing GBH. Bruising of this severity to the V’s age and health. would be less serious on an adult in full health. D carried out an 8 month campaign against Burstow an ex-girlfriend, including silent and abusive Serious psychiatric injury can be GBH AND ‘inflict’ does not require a (1997) phone calls, hate mail and stalking. This technical assault or battery. caused V to suffer from serve depression. D was convicted with s.20 OAPA. Dica The D had unprotected sex with two Infecting Vs with HIV is causing women without telling them he was grievous bodily harm. (2004) HIV positive. D shouted threats at his wife through a Lewis closed door in a second floor flat and tried ‘Inflict’ can be interpreted widely. Technical assault or battery is not (1974) to break his way through the door. His wife always needed. In this case threats was so scared that she jumped through the window breaking both her legs. D was could be considered as a technical convicted of s.20. assault. Cunningham The D tore a gas meter from the wall of an empty house in order to steal the money in ‘Maliciously’ simply means an intention to do the particular kind of harm that was done, or (1957) it. It leak gas and a woman next door was recklessness as to whether such harm should affected. D had not intended the harm nor occur or not. had he been subjectively reckless. D injured his 3 month old child when he In this case H of L confirmed that the Parmenter threw him in the air and caught him. His Cunningham meaning of recklessness applies (1991) s.20 conviction was substituted for a s.47 to all offences in which the statutory as he did not realise the risk of harm to the definition uses the word ‘maliciously’. child.