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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