Non fatal offences - GBH with intent

Question 1

Statute for GBH with intent

Answer 1

• Section 18 Offences Against the Person Act 1861

Question 2

Punishment for GBH with intent

Answer 2

• Maximum life

Question 3

Actus reus for GBH with intent

Answer 3

• Unlawfully
• Wounds
• GBH
• Cause

Question 4

Mens rea for GBH with intent (def and 2 cases)

Answer 4

1. D maliciously causes GBH with intent to do some GBH
2. D maliciously wounds with intent to do some GBH
3. D maliciously causes GBH with intent to resist or prevent
4. D maliciously wounds with intent to resist or prevent
   - Taylor
   o Conviction for unlawful wounding with intent quashed as judge had misdirected that an intention to wound or intention to cause GBH would be sufficient
   o Had to prove an intention to cause GBH
   - Morrison
   o Had to show D intended to resist arrest and intentionally or recklessly wounded or caused GBH
   o Grabbed by police officer who is trying to arrest him. Dives through window pane dragging police officer with them. Police officer suffered wounds from shattered glass

Question 5

Problems with GBH with intent (2)

Answer 5

• Inclusion of wounding – why include if already covered in s.20
• Punishment – big leap from s.20 5 years to s.18 life imprisonment