C/GBH s.18

Question 1

intro

Answer 1

-in relation to d liability to v they would be liable for assault under s.18 offences against a person act 1861

Question 2

actus reus?

Answer 2

-‘unlawfully and maliciously wound or cause GBH to any person’
-Wound was defined in (eisenhower) as piercing more than two layers of the skin.
-GBH is defined in smith as really seruous harm

Question 3

‘but for test’

Answer 3

-‘but for’ (pagett) they would not have suffered from wounding/GBH

Question 4

substantial and operating cause

Answer 4

-victims own act (roberts)
-3rd party actions(pagett)
-medicial negligance (cheshire)
-thin skull rule take your vicitm as you find them (blaue)

Question 5

mens rea ?

Answer 5

-‘intention to cause really serious harm to the victim’
-This intent can either be direct (mohan) or indirect (woolin).

Question 6

direct intent

Answer 6

-is when the defendants’main aim purpose and desire to bring about a consequence’

Question 7

indirect intent

Answer 7

-is when the d ‘did not intent the consequence but they were virtually certain to occur as a consequence of his/hers actions’.
- the d must appreciate this and this evidence which jury can find intention.

Question 8

outro

Answer 8

-in this scenario d has satisfied all elements of the actus reus and mens rea and will therefore be criminally liable for GBH under s.18 offences against a person act 1861.