S18/20 wounding OAPA structure

Question 1

Identify and define

Answer 1

Wounding is defined under S20 and S18 of OAPA.

Question 2

What is the AR of wounding?

Answer 2

Both S18 and S20 it is - to unlawfully wound a person. A ‘wound’ is a cut or a break in the two upper layers of skin. This is shown in JCC v Eisenhower.

Question 3

Define and apply causation?

Answer 3

Must be proven that D caused the wound to V so both types of causation must be proven.
Factual - Pagett - ‘but for’
Legal - Smith - ‘operative and substantial’

Must not be any breaks in the chain of causation.

Question 4

What is the mens rea of S20 wounding?

Answer 4

Direct intention or recklessness as to cause some harm - Mowatt

Direct - Mohan
Recklessness - Cunningham

Question 5

What is the mens rea of S18 wounding?

Answer 5

DIrect intention or oblique intention to cause really serious harm - Belfon

Direct - Mohan
Oblique - Belfon - i) The consequence of D’s actions are v c
ii) The d realises it was v c