S.18 Wounding

• D may be convicted of unlawfully and maliciously wounding with intent contrary to section 18 of the Offences Against the Person Act 1861.
• Actus Reus

  Defined as a break in the continuity of the whole skin, this is both outer and inner layers of the skin (first two layers) usually with blood loss (Eisenhower).
• Causation

  1. Factual - 'but for' test (White)
  2. Legal - de minimis 'more than a minor cause' (Kimsey), operating and substantial cause 'most to blame' (Smith)
  3. New Intervening Acts - v's own actions (Roberts), v's self-neglect (Wallace), actions of a 3rd party (Pagett), palpably wrong medical treatment (Smith), thin skull rule (Blaue)
• Mens Rea

  1. Intention - aim, wish, desire to wound (Mohan) or that D had oblique intent in that wounding was a virtual certainty and D appreciated that (Woollin).
• Sentence

  Indictable offence. If both AR and MR are established, D would be guilty subject to any defence and if convicted, could face up to life imprisonment.