S18

Question 1

What is the actus reus of S18?

Answer 1

To maliciously or unlawfully inflict GBH or a wound onto another.

Question 2

What is the mens rea of S18?

Answer 2

-An intention as to the wound or GBH/ intention for really serious harm.

Question 3

What cases go with the actus reus of S18?

Answer 3

-DPP V Smith
-SCC V Eisenhower.
-Moriaty V Brookes
-McLaughlin (1838)

Question 4

DPP V Smith?

Answer 4

GBH= really serious harm.

Question 5

SCC V Eisenhower?

Answer 5

-Not enough for the rupturing of a blood vessel

Question 6

Moriaty V Brookes?

Answer 6

-both the dermis and epidermis must be broken (blood).
-defines what a wound is.

Question 7

McLaughlin (1838)?

Answer 7

-A scratch or break to the outer- skin is not sufficient if the inner skin remains intact.

Question 8

What case goes with the mens rea of S18?

Answer 8

R V Belfon

Question 9

R V Belfon

Answer 9

-‘essential to prove specific intent’

Question 10

What type of offence is S18 and how long in jail?

Answer 10

-indictable
-can be life.