Section 20 or Section 47 occasioning battery A Level Law

1

The scenario i was given was "Dan threw a bicycle at Brian. Brian was holding shears and cut himself when trying to defend himself from the bicycle. This caused a deep cut to Brain's arm."
I put that it was a Section 47 occasioning battery, but everyone else put that it was a Section 20. Can someone please let me know which one it is and if I'll still get marks for it? Thank you.

Reply 1

jamesw6

7

Original post

by Anonymous2838

The scenario i was given was "Dan threw a bicycle at Brian. Brian was holding shears and cut himself when trying to defend himself from the bicycle. This caused a deep cut to Brain's arm."
I put that it was a Section 47 occasioning battery, but everyone else put that it was a Section 20. Can someone please let me know which one it is and if I'll still get marks for it? Thank you.

Normally I would say a cut is s.47 ABH which from memory is anything which interferes with the health or comfort of V. But in s.20 wounding/gbh a wound is defined as a break in both layers of skin, which I think better applies here given it was a 'deep cut' caused by shears.
Ultimately if you justify your answer you should still get your marks.

Reply 2

UoL Students

Official Rep

16

Original post

by Anonymous2838

The scenario i was given was "Dan threw a bicycle at Brian. Brian was holding shears and cut himself when trying to defend himself from the bicycle. This caused a deep cut to Brain's arm."
I put that it was a Section 47 occasioning battery, but everyone else put that it was a Section 20. Can someone please let me know which one it is and if I'll still get marks for it? Thank you.

Hello,

First of all, if you are thinking about a Battery, it would be neither section 47 nor section 20 as Battery, like assault, is a common law offence defined in case law rather than by statute. Section 47 concerns actual bodily harm (ABH) while section 20 is one of two sections which covers Greivous Bodily Harm (GBH) which is more serious than ABH.

With law it is very much open to interpretation and so providing you justified your answer it is possible to be rewarded for either s20 or s47. I would suggest that it was potentially s20 due to the shears being involved as s20 makes reference to "instrument or weapon" which I would argue the shears come under.

I hope this helps, if you have any further questions please do let me know.

Charlie
Law LLB Student

Section 20 or Section 47 occasioning battery A Level Law

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