S18 GBH

Specific intent

intention to cause GBH intention has the same meaning as for murder - Mohan (aim, purpose and desire).

Woolin

Oblique intention

1. was harm caused a virtual certain consequence due to D’s actions

2. Did D appreciate that was the case

Belfron (1976)

R v Belfon (1976)

Facts

• The defendant attacked the victim with a knife during an argument.

• The victim suffered serious injuries (grievous bodily harm).

Legal Issue

• Whether s.18 OAPA 1861 (GBH with intent) requires intent to cause really serious harm.

Decision

• The court confirmed that s.18 requires specific intent.

• The defendant must intend to cause GBH or resist/avoid lawful arrest, not just some harm.

• If intent is only to cause some harm, that is not enough for s.18.

Key Principle

Section 18 GBH requires specific intent to cause really serious harm (or resist arrest); recklessness is not sufficient.

Mens rea - arrest

resist or prevent arrest or detention then the level of intention regarding the injury is lower

had specific intention to resist or prevent arrest but only needs to have been reckless as to whether his actions would cause a wound or injury.

Morrison (1989)

R v Morrison (1989)

Facts

• The defendant tried to escape from police custody.

• In the course of the escape, his actions caused injury to a police officer.

Legal Issue

• Whether recklessness is enough for liability for assault occasioning actual bodily harm (s.47 OAPA 1861), and what test of recklessness applies.

Decision

• The court confirmed that subjective recklessness (Cunningham test) applies.

• The defendant can be guilty if he foresaw the risk of some harm or unlawful force but went ahead anyway.

Key Principle

For offences like s.47 ABH, recklessness is subjective: the defendant must foresee the risk and take it anyway.

Mowatt (1968)

R v Mowatt (1968)

Facts

• The defendant was involved in a violent incident.

• The victim suffered injuries during the attack.

Legal Issue

• Whether, for s.20 GBH (Offences Against the Person Act 1861), the defendant must intend or foresee serious harm.

Decision

• The House of Lords held that the defendant does not need to foresee serious bodily harm.

• It is enough that he intended or was reckless as to some physical harm.

Key Principle

For s.20 GBH, intention or recklessness as to some harm is sufficient; foresight of GBH is not required.