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S.18 Wounding or GBH with Intent

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Presentation on theme: "S.18 Wounding or GBH with Intent"— Presentation transcript:

1 S.18 Wounding or GBH with Intent

2 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” Indictable only offence Maximum sentence – Life Imprisonment

3 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 Injury does not have to be any worse for D to be found guilty of S.18 – the difference between S.20 and S.18 is purely one of MR

4 Mens Rea “With intent to do some grievous bodily harm”
Need intent, recklessness not enough Saunders – D must intend serious harm (compared to some harm in S.20) Belfon – D slashed V with razor, causing severe wounds to his face and chest – court held it was essential to prove specific intent – recklessness insufficient

5 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


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