scetion 18 template

Question 1

likely offence

Answer 1

D is criminally liable under the OAPA 1861 Grievous Bodily Harm

Question 2

actus reus

Answer 2

the AR can be a combination of 4 possible levels of harm:
1. wounding which is breaking all layers of the skin, JCC v Eisenhower
2. serious physical harm such as a broken leg
A combination of minor injuries can amount to GBH, R v Brown and Stratton
3. mental injury - R v Burstow
4. biological injury - R v Dica

Question 3

application of mens rea

Answer 3

By what D did to V (write what it was) D has inflicted serious physical injury/ wounded the V

Question 4

mens rea

Answer 4

MR is the factor which determines if the D has committed a section 18 or section 20 offence.
For section 18 the D must intend to do GBH (interpreted to mean serious harm) to any person or to resist arrest, R v Bryson

Question 5

application of mens rea

Answer 5

D clearly formed the intention to seriously injure the defendant because…..
(look for a weapon)

Question 6

conclusion

Answer 6

D has the AR and MR for section 18 GBH which is an indictable offence