S.18 GBH/WOUNDING

• 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