s.18

• Definition of s.18 OAPA 1861


  'maliciously wounding or causing grievous bodily harm with intent to do some grievous bodily harm or with intent to resist or prevent the lawful apprehension or detainer of a person'
• Actus reus of a s.18(Same as s.20 - revise AR from that)


  • Wound or Infliction of Grievous Bodily harm
  • Causation
• Mens rea of s.18

  S.18 OAPA 1861 is a specific intent offence.

  The defendant must be shown to have an intention to: cause GBH or resist or prevent the lawful apprehension or detainer of any person (resist or prevent arrest) plus recklessness as to causing injury.

  An intention to cause a wound is not enough.

  Case - R v Taylor
• Mens rea of a s.18

  Although 'maliciously' appears in the definition of s.18, it does not have the same effect as it does for s.20.

  This is because s.18 is a specific intent offence, meaning intention must be proved. Recklessness is not enough for the mens rea of s.18.
• Mens rea - intention


  • Direct intention - This is where our defendant's main aim/purpose matches the desired consequences - R v Mohan
  • Oblique intention - This is where our defendant's main aim/purpose does not match the consequences. Therefore, we need to test whether 1) the consequence was virtually certain 2) whether the defendant foresaw that consequence themselves - R v Woollin
• Mens rea of a s.18 - resisting or preventing an arrest


  In the instance that the defendant is resisting or preventing an arrest, the mens rea needed is different and lower.

  The defendant needs to have:

  • a specific intention to resist or prevent an arrest.
  • And was reckless as to whether their actions would cause a wound or injury.

  Case - R v Morrison