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Words: | Submitted: Fri Jan 28 2005
... She moves to one side and the glass strikes Ellen, who is in the next seat, causing her severe lacerations to the ear. Andy may be liable for causing grievous bodily harm with intent contrary to s.18 OAPA 1861, maliciously inflicting grievous bodily harm contrary to s.20 or assault occasioning ABH contrary to s.47. As the lacerations to Ellen's ear are described as severe, this could be a serious enough injury to constitute grievous bodily harm (defined in DPP v Smith as "really serious harm" and in Saunders as "serious harm"). A defendant is liable under s.18 OAPA if he unlawfully and maliciously causes GBH with intent to do GBH. S.20 OAPA requires that the defendant unlawfully and maliciously inflicted GBH. If the severe lacerations do amount to GBH, then the actus reus of either offence is satisfied as the harm has clearly been 'caused' or 'inflicted' on these facts. If the ...
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