Please enable JavaScript.
Coggle requires JavaScript to display documents.
Section 18, -The offence is commonly known as ‘wounding with intent’ and…
-
-The offence is commonly known as ‘wounding with intent’ and it is set out in S.18 Offences Against the Person Act 1861 (OAPA).
-In fact, it covers a much wider range of offences than this implies.
-
"Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of ….. An offence".
-Section 18 is considered a much more serious offence than s 20, as can be seen from the difference in the maximum punishments.
-
-This offence is classified being an indictable offence, therefore it must be indicted in the Crown Court.
-
-
-
-
-The word ‘cause’ is very wide so that it is only necessary to prove that the defendant’s act was a substantial cause of the wound or grievous bodily harm.
-
-
-
-PLEASE NOTE: An intention to wound is not enough for the mens rea of s.18, this was stated in R v Taylor [2009].
-
-
-Although the word ‘maliciously’ appears in s.18, it has been held that this adds nothing to the mens rea of this section where grievous bodily harm is intended.
-
-The important point is that s.18 is a specific intent crime.
-Intention must be proved; recklessness is not enough for the mens rea of s.18.
-Where the defendant is trying to resist or prevent arrest or detention then the level of intention regarding the injury is lower.
-The prosecution must prove that he had specific intention to resist or prevent arrest, but so far as the injury they need only prove that he was reckless as to whether his actions would cause a wound or injury.
-