Wounding Flashcards
JCC v Eisenhower
A wound is defined as a break in the continuity of the skin (2 layers broken)
R v Pagett
Uses the ‘but for’ test, where the consequence would not have happened but for D’s conduct
R v White
Uses the ‘but for’ test, where the consequence would have happened but for D’s conduct
R v Smith
Uses the ‘operative and substantial’ test, whereby D’s actions were significant in causing the consequence
R v Pagett (intervening act)
Acts of a third party will not break the chain of causation if they are reasonable and foreseeable
R v Jordan
Acts of a medical third party will break the chain of causation if they are unreasonable, unforeseeable and palpably wrong
R v Roberts
Acts of the victim will not break the chain of causation if they are reasonable and foreseeable
R v Williams
Acts of the victim will break the chain of causation if they are unreasonable and unforeseeable
R v Blaue
The Thin Skull Rule shows you must take your victim as you find them
R v Mowatt
Direct intention or recklessness as to cause some harm
R v Mohan (S20)
Direct intention is where D aims to cause some harm
R v Cunningham
Reckless is where D realises the risk of some harm but carries on regardless
R v Belfon
Direct or oblique intention to cause really serious harm
R v Mohan (S18)
DIrect intention is where D aims to cause serious harm
R v Woollin
Oblique intention is where serious harm is virtually certain and D realises it is virtually certain
R v Latimer
The mens rea can be transferred from the intended victim to the actual victim
R v Thabo Meli
If the mens rea has formed before the actus reus, the mens rea extends to all the actions done in between
Fagan v MPC
If the mens rea has formed after the actus reus, the actus reus continues until the mens rea occurs
