S.20 aand S.18 OAPA 1861

Actus Reus of s.20

unlawful and malicious wounding or inflicting grievous bodily harm

Actus Reus s.18

unlawful and malicious wounding or causing grievous bodily harm

which case confirmed causing means conflicting ?

Burstow

wound definition and case

requires both layers of skin to be broken

JJC v Eisenhower

wound conditions

usually with blood loss

deep/severe cuts that bleed

GBH definition and case

really serious harm

DPP v Smith

GBH conditions and cases

Bollom - particular characteristics of a V can be taken into account when deciding 8f GBH has been inflicted

Brown and Stratton - combination of injuries could amount to GBH

Dica - deliberately infecting another with HIV or another serious STD is GBH

Burstow - serious psychiatric harm

examples of injuries classed as GBH

broken bones

disfigurement

psychiatric injury

lasting disabilities

severe lacerations

blunt force trauma

substantial blood loss

Mens Rea of S.20

intention or recklessness to inflict some harm (albeit not serious harm)

direct intent for s.20

defendants main aim or purpose was to inflict some harm (Mohan)

recklessness for s.20

defendant knows there is a risk of inflicting some harm because of his actions but continues to take the risk (Cunningham)

what does Parmenter establish for s.20?

no requirement for defendant to intend or be reckless about inflicting a wound or GBH

s.18 mens rea

intention to cause GBH or resist/prevent arrest

direct intent for s.18

defendants main aim or purpose was to cause GBH (Mohan)

indirect intent for s.18

the reasonable person could foresee GBH was virtually certain to occour from such actions and the defendant realised this

what did Taylor establish for s.18?

an intention to wound is not enough for the mens rea of s.18

what did Morrison establish for s.18?

when defendant is trying to resist or prevent arrest the defendant must have had intention to do so but for injury the courts are prepared to accept that the defendant was reckless as to whether his actions would cause a wound or GBH

basic intent or specific intent? s.20

basic intent

basic intent or specific intent? s.18

specific

max sentence? s.20

5 years

max sentence? s.18

life