Wounding- paper 1 Flashcards

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1
Q

what section is wounding found

A

s.20 and s.18 of the OAPA 1861

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2
Q

max sentence for s.20

A

5 years

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3
Q

max sentence for s.18

A

life

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4
Q

actus reus of wounding

A

to unlawfully wound a person

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5
Q

definition of a wound and the case that gave it

A
  • JCC v Eisenhower
  • cut/ break in at least two layers of the skin
    -broken bones are not a wound
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6
Q

factual causation

A
  • but for test
  • R v Pagett
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7
Q

legal causation

A
  • operative and substantial cause test
  • significance
  • R v Smith
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8
Q

s.20 mens rea of wounding and case

A
  • direct intention or recklessness as to cause some harm
  • R v Mowatt
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9
Q

what type of wounding is s.20

A

malicious wounding

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10
Q

s.18 mens rea of wounding and case

A
  • direct or indirect intent to cause really serious harm
  • R v Belfon
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11
Q

what type of wounding is s.18

A

wounding with intent

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12
Q

flow chart for MR of wounding

A

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

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13
Q

s.18 alternative mens rea

A

causing wounding with intention to resist arrest and intention or recklessness to cause some harm

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14
Q

when should s.18 alternative mens rea be used

A

if D caused wounding while escaping from a police officer

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