Grivious Bodily Harm S.18 Flashcards
GBH with intent - s.18 OAPA
A much more serious offence than s.20. Maximum sentence is a life sentence. An indictable offence. This focuses only on GBH that has been intended.
Actus reus
Exactly the same as s.20.
Mens rea
Purely intentional. S.18 is a specific intent crime. In trying to resist arrest or prevent arrest, there is a lower level of intention behind any injury that is caused, however, the conviction is regardless s.18.
S.18 mens rea cases
Morrison- d resisted arrest, police got injured: ‘maliciously’ was used in respect, convicted for s.18 GBH.
Taylor - judge made a mistake in allowing the jury to think that an intention to ‘wound’ was sufficient for a conviction of s.18. The intention must’ve been to cause GBH.