S18 Grievous Bodily Harm

Question 1

What is s18 GBH

Answer 1

Unlawful and malicious wounding or causing grievous bodily harm with intent to cause GBH or with intent to resist or prevent the lawful apprehension or detainer of any person contrary s18 offences against the person act 1861.

Question 2

What must Ds conduct cause ?

Answer 2

A wound or GBH

Question 3

What is wounding ?

Answer 3

The continuity of the skin must be broken as internal bleeding is not a wound
(JCC V Eisenhower)

Question 4

What must the prosecution prove ?

Answer 4

That Ds conduct was both the factual and legal cause of the wound or GBH.

Question 5

What is the Men’s Rea for s18 ?

Answer 5

Requires evidence of intention to cause GBH.

Question 6

How can intention be direct ?

Answer 6

Where it was Ds main aim or purpose to cause serious harm (Mohan) or alternatively the judge can allow the jury to co wider oblique intent allowing them to find intent if they are satisfied that D foresaw GBH as a virtually certain consequence. This is not automatically intent but it is string evidence from which the jury can find intent (Matthew’s and alleyne)

Question 7

What is the V is a police officer ?

Answer 7

Prove D resisted or prevented arrest or detainer and in MR alter the explanation to as D causes GBH to a police officer then the MR s18 is not an intention to cause GBH according to Morrison it changes to that of s20 an intention to cause some harm or recklessness with regards to this D must also intend to resit or prevent the lawful apprehension or detainer of any person.