OAPA; s.18 GBH (with intent)

Question 1

what is s.18 GBH

Answer 1

-unlawfully and maliciously by any means whatsoever wound or cause any GBH to any person, with intent, to do some GBH to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person

Question 2

how are AR elements considered for s.18 (4)

Answer 2

same for s.20 eg
-whole skin must be broken for wounding (Moriarty v Brookes)
-‘really serious harm (DPP v Smith)
-no need for permanent/life threatening (Bollom)
-covers cases with no wounding (Wood)

Question 3

what is the MR of s.18 GBH

Answer 3

-requires
(i) intent to cause GBH
(ii)intent to resist/prevent lawful aprehension/ detention of any person

Question 4

where does s.18 MR operate

Answer 4

-operates where
(a) D causes unlawful wound to V with ulterior intent to do GBH or
(b)D caused V GBH with intent to do GBH

Question 5

is intent to wound sufficient for s.18

Answer 5

-not sufficient, ulterior intent needed
-sufficient under s.20 instead

Question 6

what is meant by maliciously (case)

Answer 6

-intention or recklessness
-usually subjective recklessness (R v Morrison)

Question 7

what is the test for direct intention

Answer 7

-Woollin; prosecution must prove that
(i) causing GBH was D’s aim or purpose or
(ii) it was virtually certain to occur and D knew that GBH was a virtually certain consequence of his act

Question 8

give 4 ways intent can be indicated by

Answer 8

-repeated attacks
-planned attacks
-deliberate selection or adaption of weapon
-threats