GBH S18 Flashcards
Which category of offence is GBH S18?
Indictable
What are sentencing powers for s18?
Unlimited
What is the definition of s18 GBH
Unlawful wounding or GBH with intent to commit GBH or resist lawful apprehension
Where is the law on s18 defined?
S18 of the offences against the person act
Why is the case law for s20 relevant?
S18 is the same just more serious
What is the first way in which s18 can be committed?
Unlawfully and maliciously causing GBH with intent to cause GBH
What is the second way in which s18 can be committed
Unlawfully and maliciously causing wounding with intent to cause GBH
What is the third way in which s18 can be committed?
Unlawfully and maliciously causing GBH with intent to resist or prevent the lawful apprehension or detention of any person
What is the fourth way in which s18 GBH can be committed?
Unlawfully and maliciously causing wounding with intent to resist or prevent the lawful apprehension or detainer of any person
What must be described in a 50 mark discussion question in the mens rea of s18?
The sequence of oblique intent cases
Give the facts of Morrison
D dived through a window dragging a police officer with him
Give the ratio of Morrison
Prosecution must prove that D either intended injury or foresaw injury and took the risk anyway
