s18 OAPA (GBH & Wounding with intent)

Question 1

S18 grievous bodily harm and wounding

Answer 1

more serious than s20
Up to life imprisonment
Indictable

Question 2

S18
Definition

Answer 2

Wound or cause any GBH to any person with intent or with intent to resist or prevent lawful apprehension or detainer of any person

Question 3

S18
Actus reus

Answer 3

Wounding
Causing GBH

Question 4

S18
Mens rea

Answer 4

Specific intent offence
D must be proved to have intended to cause GBH to resist it prevent the lawful apprehension or detainer of any person

Question 5

S18
Taylor 2009

Answer 5

V found with scratch across face and stab wound in back
Not clear from evidence if there was clear intention to cause GBH

Question 6

S18
Intent

Answer 6

Intention cannot be found unless the harm caused was a virtual certainty as a result of the Ds actions and D realised that this was so
Resisting or preventing an arrest:
Level of intention regarding the injury is lower
Prosecution must prove that he had specific intention to resist or prevent an arrest, but with the injury they need only prove that he was reckless as to whether his actions would cause a wound or injury