s.18 OAPA

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  • Created by: Zoe
  • Created on: 11-04-13 11:44
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  • s.18 OAPA
    • ACTUS REUS: 'WOUND' AND 'GBH'
      • Wound: This is an injury, caused by the d's violence, which breaks the inner and outer skin of the victims body.
        • C ( A Minor) v Eisenhower [1984] - An injury in the form of a bruise/ burst blood vessel in the eye does not fall under the definition of 'wound' for the purposes of s.18
    • Mens Rea: 'Maliciously' wound or cause GBH.
      • Intent to cause GBH
      • 'Maliciously' : This only has relevance in relation to a situation where D's physical violence injures a law enforcement officer
        • Morrision (1989)
      • 'Intent' : This term has the same definition of that given to intention in murder, namely the combination of a direct intention and an oblique intention as set out in Woolin [1999]
        • The consequence was D's aim or purpose or, if this consequence wasn't the aim/purpose, D knew it was a virtually certain consequence resulting from achieving his aim/purpose, in which case the jury may use this as evidence from which they are entitled to find intention proved.

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