Wounding- paper 1

Question 1

what section is wounding found

Answer 1

s.20 and s.18 of the OAPA 1861

Question 2

max sentence for s.20

Answer 2

5 years

Question 3

max sentence for s.18

Answer 3

life

Question 4

actus reus of wounding

Answer 4

to unlawfully wound a person

Question 5

definition of a wound and the case that gave it

Answer 5

• JCC v Eisenhower
• cut/ break in at least two layers of the skin
  -broken bones are not a wound

Question 6

factual causation

Answer 6

• but for test
• R v Pagett

Question 7

legal causation

Answer 7

• operative and substantial cause test
• significance
• R v Smith

Question 8

s.20 mens rea of wounding and case

Answer 8

• direct intention or recklessness as to cause some harm
• R v Mowatt

Question 9

what type of wounding is s.20

Answer 9

malicious wounding

Question 10

s.18 mens rea of wounding and case

Answer 10

• direct or indirect intent to cause really serious harm
• R v Belfon

Question 11

what type of wounding is s.18

Answer 11

wounding with intent

Question 12

flow chart for MR of wounding

Answer 12

Did D intend any harm?
Yes- how much harm did D intend to cause?
- serious= s.18
- some= s.20
No- did D realise the risk of harm?
- Yes= s.20
- No= neither

Question 13

s.18 alternative mens rea

Answer 13

causing wounding with intention to resist arrest and intention or recklessness to cause some harm

Question 14

when should s.18 alternative mens rea be used

Answer 14

if D caused wounding while escaping from a police officer