Non-fatal offences-s.18 (GBH with intent)

Question 1

Which act does GBH with intent come from and which section?

Answer 1

s.18 of the Offences Against the Persons Act (1861)

Question 2

What is the AR of of GBH with intent?

Answer 2

Wounding or causing GBH

Question 3

What is the MR of GBH with intent?

Answer 3

Intention plus ulterior intent

Question 4

What is the maximum sentence for s.18 crimes?

Answer 4

Maximum sentence of life

Question 5

What does s.18 of the OAPA (1861) state?

Answer 5

“Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, with intent to do some grievous bodily harm to any person or with intent to resist or prevent lawful apprehension or detainer of any person shall (be liable) to imprisonment for life.”

Question 6

What is the AR of s.18 crimes?

Answer 6

Either wounding or GBH-same as for s.20 crimes.

Question 7

What is the MR of s.18 crimes?

Answer 7

The D must have intended to cause GBH.

Question 8

What are the rules for the MR of GBH?

Answer 8

Has to be direct or indirect intention; recklessness is not enough.
Has to be intention to cause GBH, not just “some harm”.

Question 9

Give the facts of Belfon (1976).

Answer 9

D slashed the V with a razor, causing severe wounds to the chest and face.

Question 10

What did the court say in Belfon (1976)?

Answer 10

In order for liability under s.18, reckless or intent to cause “some harm” would not be enough.

Question 11

What are specific intent crimes?

Answer 11

MR has to be intention.
Recklessness is not enough.

Question 12

What are basic intent crimes?

Answer 12

MR can be intention or recklessness.

Question 13

Give an example of a specific intent crime.

Answer 13

s.18

Question 14

In the MR section of a specific intent crimes essay, what do you talk about first, then what do you move onto if that is not present?

Answer 14

Start with direct intent, if that is not present move to talking about indirect intent.

Question 15

Give some examples of basic intent crimes.

Answer 15

Assault
Battery
s.47
s.20

Question 16

In the MR section of a basic intent crimes essay, what do you talk about first, then what do you move onto if that is not present?

Answer 16

Start with direct intent, if that is not present, move onto talking about recklessness.

Question 17

What different names is this offence referred to?

Answer 17

GBH with intent
GBH s.18
s.18

Question 18

This is an indictable offence.
What does this mean?

Answer 18

Can only be tried in the crown court (for more serious offences and have judge and a jury generally)

Question 19

From the definition of GBH, what are the 2 aspects of MR of this offence?

Answer 19

Intention
Maliciously

Question 20

What are the 4 ways in which s.18 crimes can be committed?

Answer 20

1. Maliciously wounding with the intention to cause GBH
2. Maliciously wounding with the intention to resist arrest
3. Maliciously causing GBH with the intention to cause GBH
4. Maliciously causing GBH with the intention to resist arrest

Question 21

What does Eisenhower teach us about wounding?

Answer 21

Internal rupture of blood vessels is not GBH

Question 22

What is the one difference between the AR of s.20 and s.18 crimes?

Answer 22

s.20 has to be a commission.
s.18 covers omissions and acts.

Question 23

Explain why would someone not be liable under s.18 if I intentionally pricked you with a pin, but the cut got infected and became really serious?

Answer 23

Pin prick is not GBH as it is not “serious” harm.

Question 24

Give some examples of malicious wounding/inflicting GBH injuries.

Answer 24

Permanent disability
Loss of sensory function
Broken or displaced limbs or bones
Fractured skull
Injuries requiring substantial loss of blood
Injury resulting in lengthy treatment or incapacitation (make them unable to do things)
More than minor permanent visible disfigurement