Offences against the person

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miles.harmsworth
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#1
Report Thread starter 8 years ago
#1
Peter pulls out a knife and attempts to stab Micheal but only grazes his arm.

I though that this would constitute to a battery and only maybe a s47 bah offence.

But in my seminar, my tutor tried to explain that this could be a s.20 GBH offence. I don't understand how it can be, i though that the Actus Reus for s20 was to actually inflict GBH?

Can someone please clarify for me.

Thank you
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#2
Report 8 years ago
#2
Have you read the section?

(Original post by Offences Against the Person Act)
Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm
so there are two actus rei, one of wounding, one of inflicting gbh. The definition of 'wound' is given in C v Eisenhower.

Whether this would ever be charged as GBH is more dubious.
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snikutsmullac
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#3
Report 8 years ago
#3
Never mind s20, he could be charged with s18 of the Offences Against the Person Act 1861 - which is inflicting grievous bodily harm OR wounding, with intent.

A graze on the arm would be considered a wound - a break in both layers of the skin. The actus reus of the offence is 'wounding or inflicting grievous bodily harm', which he clearly did.

He also has the mens rea for this offence - he clearly had the intention to cause grievous bodily harm to the victim, as he was going to stab him! Even though he caused just a wound, he still had the intention to cause GBH and causing a wound is sufficient for the actus reus of s20.
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