S.18 Wounding with Intent

General S.18 Offences Against the Person Act 1861 “Unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any person, or with intent to resit or prevent the lawful apprehension or detainer of any person” Indictable only offence Maximum sentence – Life Imprisonment

Actus Reus Same as S.20 – D’s act must wound or cause grievous bodily harm Meanings of “wound” and “grievous bodily harm” are the same as S.20 D only needs to cause these injuries (not inflict – so don’t need assault or battery) Normal rules of causation apply

Mens Rea “With intent to do some grievous bodily harm” Need intent, recklessness not enough Note that when D wounds V, his MR must be to intend GBH Saunders – D must intend serious harm (compared to some harm in S.20) Intent applies as for murder – can be oblique/indirect intent if there is a virtual certainty that GBH will occur AND D appreciates this (Nedrick/Woollin) MR for S.18 includes intent to resist arrest – in this case D must intend to resist or prevent an arrest but no need to intend serious harm Morrison - intention or recklessness to cause some harm is enough as long as there was intent to resist arrest

Answering Questions on S.18 GBH with Intent Is there either: An unlawful wounding; or An unlawful infliction of Grievous Bodily Harm? Did D either intend to : Cause GBH (which includes oblique/indirect intent); or Resist or prevent an arrest AND intended or was reckless as to cause some harm