Under S.18 OFFENCES AGAINST THE PERSON ACT 1861

• WHAT IS AN OFFENCE UNDER S.18 OAPA 1861?

  Under s.18 of the OAPA 1861 it is an offence to:

  • wound with the intent to do GBH; and/or
  • cause GBH with the intent to do GBH.
• Actus Reus of S.18 OAPA 1861:

  • GBH means ‘really serious harm’: DPP v SMITH
  • Wounding requires a breaking of the whole skin: EISENHOWER
• Mens Rea of S.18 OAPA 1861:

  Mens rea of S.18 is more serious than S.20 as D must intend to do GBH.