Wounding

• The actus reus of wounding is to unlawfully wound another.
• JCC v Eisenhower [1983]


  A wound is defined as a break in the continuity of the skin.

  Internal bleeding is not a wound, it’s GBH.
• R v Pagett [1983]


  Factual causation is proven using the but for test.
• R v Smith [1959]


  Legal causation is proven using the operative and substantial test which asks if D's act was significant.
• section 20 OAPA [1861]


  Direct intention or recklessness as to cause some harm. Malicious wounding.
• section 18 OAPA [1861]


  Direct or oblique intention to cause really serious harm. Wounding with intent.
• s18 alternative Mens Rea:

  Wounding with intention to resist arrest and intention or recklessness as to causing some harm.
• R v Morrison [1989]


  D convicted of wounding with intent to resist arrest under section 18 OAPA.
• Elements of wounding

  1. The injury constitutes a wound
  2. D inflicted the wound