S.18 GBH

• D may be convicted of causing grievous bodily harm with intent contrary to section 18 of the Offences Against the Person Act 1861.
• Actus Reus - defined as 'really serious harm' (DPP v Smith) or 'serious harm' (Saunders)

  1. Physical harm (Bollom)
  2. Psychological mental injury (Burstow)
  3. Biological injury (Dica)

  It can also include multiple minor injuries (Brown & Stratton) and can take into account V's age (Bollom).
• 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/Holland), actions of a 3rd party (Pagett), palpably wrong medical treatment (Smith/Jordan), thin skull rule (Blaue)
• Mens Rea

  Intention - aim, wish or desire to cause GBH (Mohan) or that D had oblique intent in that GBH 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.