Offences against the personWatch
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.
Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm
Whether this would ever be charged as GBH is more dubious.
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.