GBH s 18 Flashcards
1
Q
what is s 18 OAPA 1861 also referred to as?
A
‘wounding with intent’
2
Q
what is the max penalty for s 18?
A
life imprisonment , must be tried on indictment at crown court
3
Q
what is the definition for s 18?
A
unlawfully and maliciously wound or cause any gbh to any person, with intent to do some gbh or with intent to resist or prevent the unlawful apprehension or detainer of any person.
4
Q
what is the AR?
A
wounding or causing gbh
meaning of ‘wound’ and ‘gbh’ are same as s 20, necessary to prove that the D’s act was a substantial cause of the wound or the gbh
5
Q
what is the mens rea?
A
this is a specific intent offence. D must prove to have intended to:
- do some gbh or
- resist or prevent the unlawful apprehension or detainer of any person
6
Q
is intention to wound sufficient for mens rea?
A
no, stated in R v Taylor
