Wounding- paper 1 Flashcards
what section is wounding found
s.20 and s.18 of the OAPA 1861
max sentence for s.20
5 years
max sentence for s.18
life
actus reus of wounding
to unlawfully wound a person
definition of a wound and the case that gave it
- JCC v Eisenhower
- cut/ break in at least two layers of the skin
-broken bones are not a wound
factual causation
- but for test
- R v Pagett
legal causation
- operative and substantial cause test
- significance
- R v Smith
s.20 mens rea of wounding and case
- direct intention or recklessness as to cause some harm
- R v Mowatt
what type of wounding is s.20
malicious wounding
s.18 mens rea of wounding and case
- direct or indirect intent to cause really serious harm
- R v Belfon
what type of wounding is s.18
wounding with intent
flow chart for MR of wounding
Did D intend any harm?
Yes- how much harm did D intend to cause?
- serious= s.18
- some= s.20
No- did D realise the risk of harm?
- Yes= s.20
- No= neither
s.18 alternative mens rea
causing wounding with intention to resist arrest and intention or recklessness to cause some harm
when should s.18 alternative mens rea be used
if D caused wounding while escaping from a police officer