Section 18

• Definition

  • Section 18 OAPA 1861
  • 'Whoever shall unlawfully and or cause any GBH to any person, or with intent to resist or prevent lawful apprehension or detainer of any person, shall be guilty of felony'
• Actus reus

  1. Unlawfully
  2. Wound
  3. or inflict GBH
  4. ANY PERSON
• Unlawful

  • Covers those acting in self defence or prevention of crime + in limited circumstances where the victim has consented
• Wound

  • Break in the continuity of the skin (Moriarty v Brookes)
  • Internal rupture of blood vessels will not constitute a wound (R v Eisenhower)
• GBH

  • Really serious harm (DPP v Smith)
  • If the v is particularly vulnerable, the jury is entitled to take this into account when assessing if the injury is really serious (R v Bolam)
  • Measured objectively
  • Psychiatric injury (R v Burstow)
  • Combined injuries may amount to GBH (R v Brown + Stratton)
• Inflict

  • Direct or indirect application of force (R v Wilson)
  • Psychiatric injury (R v Burstow)
• On any person

  • Can be committed on any person + this would cover those who intentionally wound or inflict GBH on themselves
• Mens rea

  • Maliciously
  • Proved that D intended to either do GBH to person or resist or prevent a lawful arrest or detention
  • Oblique intention can also apply
  • Sufficient if a D foresaw the GBH or wounding was a virtual certainty as a result of his conduct