S.18 Wounding with Intent - PowerPoint Presentation

Slide1

S.18 Wounding with IntentSlide2

General

S.18 Offences Against the Person Act 1861

“Unlawfully and maliciously by

any

means whatsoever wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any

person, or with intent to resit or prevent the lawful apprehension or detainer of any person”

Indictable only offence

Maximum sentence – Life ImprisonmentSlide3

Actus Reus

Same as S.20 – D’s act must wound or cause

grievous bodily harm

Meanings of “wound” and “grievous bodily harm” are the same as S.20

D only needs to cause these injuries (not

inflict – so don’t need assault or battery)

Normal rules of causation applySlide4

Mens Rea

“With intent to do some grievous bodily harm”

Need intent, recklessness not

enough

Note that when D wounds V, his MR must be to intend GBH

Saunders – D must intend serious harm (compared to some harm in S.20)

Intent applies as for murder – can be

oblique/

indirect

intent if there is a virtual certainty that

GBH will occur AND

D appreciates this (

Nedrick

/

Woollin

)

MR for S.18 includes intent to resist arrest – in this case

D must intend to resist or prevent an arrest but no

need to intend serious

harm

Morrison -

intention or recklessness to cause some harm is

enough as long as there was intent to resist

arrestSlide5

Answering Questions on S.18 GBH with Intent

Is there either:

An

unlawful wounding

; or

An

unlawful

infliction of

Grievous Bodily Harm

?

Did D either intend to :

C

ause GBH (which includes oblique/indirect intent); or

Resist

or prevent an

arrest AND intended

or

was reckless as

to cause some harm