Criminal Law - Wounding or Causing GBH with Intent (s 18) II

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  • Created by: Alasdair
  • Created on: 05-11-20 16:46
Sentence for s 18 Offences against the Person Act
Most serious non-fatal offence so carries a maximum sentence of life imprisonment and indictable offence.
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1 of 4 ways of committing a s 18 offence.
Unlawfully and maliciously causing GBH with intent to cause GBH.
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2 of 4 ways of committing a s 18 offence.
Unlawfully and maliciously wounding with intent to cause GBH.
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3 of 4 ways of committing a s 18 offence.
Unlawfully and maliciously causing GBH with intent to resist or prevent the lawful apprehension or detainer of any person.
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4 of 4 ways of committing a s 18 offence.
Unlawfully and maliciously wounding with intent to resist or prevent the lawful apprehension or detainer of any person.
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The two different ways of committing the actus reus of s 18 of the OAPA 1861
- To wound
- To cause grievous bodily harm to person.
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Is there a difference between 'inflict' (s 20) and 'cause' (s 18)?
No, both terms can be treated as having the same meaning.
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First part of mens rea of s 18
Defendant must 'maliciously' wound or cause GBH.
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Meaning of 'maliciously' in context of s 18?
Intention or recklessness as to some bodily harm.
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Second part of mens rea of s 18
Ulterior intent. Must also intend either: grievous bodily harm; or, to resist or prevent lawful apprehension or detainer of any person. Prosecution must always establish one of these ulterior intents.
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What happens in the vast majority of cases regarding the mens rea for s 18?
Defendant must intend GBH. Recklessly is not enough and intention must be to cause GBH, not merely injure or wound. If ulterior intention can be shown prosecution have necessarily also established GBH was caused maliciously.
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Only time defendant who is reckless (as to causing at least some bodily harm or worse) could be prosecuted for s 18?
If prosecution can prove other ulterior intent, i.e. intention to resist or prevent lawful apprehension or detainer of any person. Rarer occurrence in practice. Less likely for someone to resist arrest rather than assaulting someone to cause serious harm.
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Other cards in this set

Card 2

Front

1 of 4 ways of committing a s 18 offence.

Back

Unlawfully and maliciously causing GBH with intent to cause GBH.

Card 3

Front

2 of 4 ways of committing a s 18 offence.

Back

Preview of the front of card 3

Card 4

Front

3 of 4 ways of committing a s 18 offence.

Back

Preview of the front of card 4

Card 5

Front

4 of 4 ways of committing a s 18 offence.

Back

Preview of the front of card 5
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