Wounding

Question 1

Wounding is defined in

Answer 1

Wounding is defined in section 20 or section 18 of the Offences Against the Persons Act 1861

Question 2

The actus reus of wounding is

Answer 2

The actus reus of wounding is to unlawfully wound a person

Question 3

To wound means

Answer 3

To wound means to cut or break in two or more layers of the skin
Case: JCC v Eisenhower

Question 4

Causation

Answer 4

There must be no intervening acts

Factual causation - R v Paggett ‘but for’ test

Legal causation - R v Smith ‘operative and substantial cause’

Question 5

Mens rea

Answer 5

Not sure

Question 6

Section 20

Answer 6

Direct intention or recklessness to cause some harm
Case: R v Mowatt

Direction - R v Mohan sets out/aims

Recklessness- realises the risk and carries on regardless R v Cunningham

Question 7

Section 18

Answer 7

Direct intention or oblique intention to cause really serious harm
Case R v Belfon

Direct intention - sets out/aims R v Mohan

Oblique - consequence is virtually certain and D realises this R v Woolinn