GBH with intent

Question 1

GBH with intent Definition

Answer 1

Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any 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 triable only on indictment, and being convicted thereof shall be liable to imprisonment for life

Question 2

GBH with intent section

Answer 2

S.18 Offences Against the Person Act 1861

Question 3

GBH With Intent Actus Reus

Answer 3

• Unlawful
• Wound
• GBH

Question 4

GBH With Intent Mens Rea

Answer 4

Must have intention (direct/indirect) to wound/cause GBH

1: The consequence was D’s aim/purpose
2: D knew it was a virtually certain consequence resulting from his actions (oblique/ indirect intent)

Question 5

What is the test the Jury uses to infer intention

Answer 5

R v Nedrick - nedrick test
> Confirmed in R v Woollin

Jury needs to ask themselves did the defendant appricate that GBH was a virtual certain consequence of his/her actions

Question 6

R v Matthew’s and Alleyne

Answer 6

Evidential test - can be used by jury