non fatal offences section 18 GBH Flashcards
1
Q
defined in
A
section 18 of the offences against the person act
2
Q
defined as
A
- unlawfully and maliciously wounding with intent to cause some GBH or resist or prevent arrest
- unlawfully and maliciously inflicting GBH with intent to cause some GBH or resist or prevent arrest
3
Q
actus reus
A
- act omission causing a wound
- act or omission causing GBH
4
Q
what constitutes a wound
A
breaking both layers of the skins, inner and outer, breaking continuity of the skin (eisenhower)
5
Q
what constitutes GBH
A
really serious(smith) or serious (saunders) harm.Need not be life threatening or permanent however age will be taken into account (bollom)
6
Q
causation
A
factual- pagett,white
legal- pagett,smith
7
Q
mens rea
A
Belfon/taylor- direct intent as to ONLY causing GBH or resist or prevent arrest
8
Q
if relevant- may be subjective recklesness if..
A
.. when resisting or preventing arrest as in MORRISON
9
Q
transferred malice
A
when intended for one but affects another ( latimer, mitchell)
