non-fatal offences: wounding Flashcards
1
Q
what governs wounding?
A
S18 and S20 Offences Against the Person Act 1861
2
Q
explain the AR for wounding
A
- S18: D’s conduct causes a wound; S20: D’s conduct inflicts a wound (Burstow)
- both layers of the skin had to be broken to constitute a wound (Eisenhower)
3
Q
explain the mens rea of wounding
A
S18:
- direct intent to cause GBH (Taylor)
- direct intent to resist arrest (Morrison)
S20:
- direct intent to wound (Taylor)
- direct intent to cause some harm (Mowatt)
- recklessness (Cunningham)
4
Q
Burstow
A
cause and inflict have the same meaning
5
Q
Eisenhower
A
both layers of the skin must be broken to constitute to a wound
6
Q
Taylor
A
direct intent to cause GBH/direct intent to wound
7
Q
Morrison
A
direct intent to resist arrest
8
Q
Mowatt
A
direct intent to cause some harm
9
Q
Cunningham
A
recklessness