SCETION 18 ABH Flashcards
what constitutes GBH with intent under section 18 of the offences against the persons act 1861?
unlawfully and maliciously wounding with intent to do some GBH or resist arrest or prevent arrest
OR
unlawfully and maliciously causing GBH with intent to do some GBH or resist arrest or prevent arrest.
What is the actus reus of section 18 wounding with intent?
an act or omission causing a wound
OR
an act or omission causing GBH
How is wounding legally defined in Eisenhower?
breaking layers of the skin
how is GBH defined in case law?
really serious(SMITH) ore serious harm(SAUNDER)
how is factual causation determined?
the but for test~ injury wouldn’t have happened but for d
how is legal causation established?
ds actions must be the operating and substantial cause, more than minimal cause(SMITH,PAGETT)
when might the novus actus interveniens break the chain of causation?
Victims own act~ Corbett, Robert and Kennedy
Third party~ Pagett
Medical negligence(Cheshire) unless it is considered palpably wrong(Jordan)
If v has a hidden weakness, then d is expected to take them as he has found them—> THINK SKULL RULE~ Blaue
What does Belfon and Taylor set out about the mens rea for section 18?
direct intention ONLY as to causing grievous bodily harm
What is transferred malice?
When d intended to harm one person but accidentally harms another (Latimer, Mitchell)
What does the principle of transferred malice state?
it will only apply to similar crimes (Pembliton)
What does the principle of joint enterprise state?
it doesn’t matter that D was not the one who actually injured V. All that matters is that D intended to hurt X, X intended to hurt D and in fighting back with D, V was injured ( Gnango)
What is the coincidence rule?
The actus reus and mens rea must coincide at least once( Fagan v MPC and Thabo Meli(series of events))
What does the case of Morrison set out?
if there is an intention to resist/prevent arrest d need to be subjectively reckless as to the harm
