s18 GBH mindmap LAW 03
- Created by: abic1
- Created on: 24-02-18 14:11
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- WOUNDING OR CAUSING GBH WITH INTENT FOR GBH
- s18 Offences Against the Persons Act 1861
- unlawful and malicious wounding or causing grievous bodily harm with intent to cause GBH
- actus reus: malicious wound or cause GBH
- prosecution must prove that the defendant's act was a substantial cause of consequence
- Wound
- breaking of 2 layers of skin EISENHOWER
- Cause GBH
- really serious harm SMITH
- serious harm would suffice SAUNDERS
- mens rea: intention to wound or cause GBH
- prosecution must prove that defendant directly or indirectly intended to cause GBH
- recklessness is not sufficient BELFON
- Direct Intention
- prosecution must prove that the defendant's main aim was to bring about the consequence MOHAN
- Indirect Intention
- jury can infer intention if they want to WOOLIN
- if they believe a wound or GBH was a virtual certainty
- and that the defendant appreciated thsi
- guilty if intentionally or recklessly wounds or causes GBH when resisting arrest MORRISON
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