grievous bodily harm with intent

Question 1

s.18

Answer 1

GBH with intent

Question 2

define GBH with intent

Answer 2

whosever shall unlawfully and maliciously by any means whatsoever wound or cause any GBH to any person, with intent to do some GBH to any person.

Question 3

GBH practice

Answer 3

s.18= actus reus (unlawful , wound or GBH, causation)
mens rea (intend to do GBH- direct, indirect)
resist or prevent the unlawful apprehension of any person (cannot be reckless)

Question 4

actus reus for s.18

Answer 4

same as s.20
*unlawful (no consent)
*wound (JCC v eisenhower)
*GBH (bollom, dica)
*causation (pagett, white, jordan, roberts)

Question 5

Mens rea for GBH with intent

Answer 5

direct intent to cause GBH, D intends to seriously injure them

an intention to wound is not enough (taylor)

Question 6

Taylor (2009)

Answer 6

V had found with scratches across his face and a stab wound in the back. Photographs of the scratches showed no more than surface depth of the wound. The medical evidence did not help in showing whether D had intended to cause really serious injury. The judge directed that the jury must be sure that the prosecutions had proved that D had intended to cause GBH or to wound, D was convicted of s.18. ON appeal the CofA quashed the conviction on the basis that the judge misdirected the jury.

precedent- an intention to wound was not sufficient for the mens rea of s.18. Instead the court of appeal substituted a convicted for s.20

Question 7

foresight of consequences

Answer 7

oblique intent, if the act of the D is ‘virtually certain’ to cause GBH and the D realises that this is so, then D has the necessary mens rea for s.18

Question 7

Belfon (1976)

Answer 7

D slashed V with a razor blade causing severe wounds to his face and chest. Court said, in order to establish a s.18 offence, the specific intent part of of the offence must be proven. D being reckless as to whether such harm (gbh) would be the result is not sufficient.

Question 8

MR for s.18 - Arrest

Answer 8

where D is trying to resist or prevent arrest or detention then the level of intention regarding the injury is lower.
D must have had specific intention to resist or prevent arrest but only needs to have been reckless to whether his actions would cause a wound or injury.

Question 9

Morrison (1989)

Answer 9

Police officer grabbed D trying to arrest him but D leapt through window, dragging officer, who was badly cut by glass