Wounding

Question 1

What act is wounding under ?

Answer 1

OAPA 1861

Question 2

What is wounding ?

Answer 2

a cut or a break in the continuity of skin (first 2 layers) usually w blood loss

Question 3

What does JCC V Eisenhower say about what counts as a wound ?

Answer 3

cut of internal skin is sufficient but internal bleeding with no cuts isn’t

Question 4

As sounding is a result crime what must be proven?

Answer 4

causation

Question 5

Explain factual causation with cases?

Answer 5

But for test (White/Pagett)

Question 6

Explain the 2 factors of legal causation with cases?

Answer 6

de minimus- more than a minimal cause (Kimsey)
operate+substant.- most 2 blame? (Smith/Cheshire)

Question 7

What are the NAI?

Answer 7

vict. own act- (Williams & Davis)
V self neglect- (Holland/Wallace)
3rd 🥳- (Pagett)
wrong 🏥- (Jordan/Smith)
TSR- Blaue

Question 8

What does the MR of Wounding determine ?

Answer 8

if it is a s.18 or s.20

Question 9

What is a s.20 wounding?

Answer 9

when D intends to or recklessly causes SOME HARM albeit NOT serious harm but does it anyway

Question 10

What does the case of Mowatt say about s.20 offences ?

Answer 10

D doesn’t need to foresee serious injury just some injury

Question 11

What is a s.18 offence?

Answer 11

only intentionally wants to cause REALLY SERIOUS HARM to V

Question 12

What does R V Belfon say about s.18 offences?

Answer 12

intent can be direct or oblique by recklessness is not enough

Question 13

What is the maximum sentence for a s.20 offences?

Answer 13

5 years

Question 14

What is the maximum sentence for a s.20 offence?

Answer 14

up to a life sentence

Question 15

What court are s.18 offences tried in ?

Answer 15

Crown court