S.18 GBH/WOUNDING

Cards (4)

  • Introduction:
    Contained in S.18 Offence Against the Person Act 1861
    • two offences in S.18: GBH and wounding
    • referred to as 'GBH or wounding with intent'
  • Actus Reus for S.18 GBH/wounding:
    • GBH:serious harm ( Smith;Saunders )
    • broken bones, permanent damage, injuries to organs
    • serious psychiatric injuries ( Burstow )
    • serious infections ( Dica )
    Wound: any break in the continuity of the skin ( Eisenhower )
    • it has to be bleeding
  • Mens Rea for S.18 GBH/wounding:
    S.18 is a specific intent crime
    Mens rea is ' intention to cause serious harm"
    • direct intent: the D's aim or purpose to cause serious harm ( Mohan )
    • oblique intent: the D aims to do something different but foresees the serious harm as virtually certain consequences ( Nedrick;Woolin )
  • Resisting arrest:
    ' A person who intended to resist or prevent arrest and has intention or recklessness to causing a wound or injury ' can be liable for S.18 Offences Against the Person Act 1861
    • demonstrated in Morrison