s. 18 Offences Against the Person Act 1861

Question 1

What distinguishes Section 18 GBH from Section 20 GBH?
A. Section 18 requires recklessness as to some harm
B. Section 18 requires specific intent to cause serious harm
C. Section 18 requires that a wound occurs
D. Section 18 covers psychological harm only

Answer 1

B. Section 18 requires specific intent to cause serious harm
Explanation: Section 18 is the most serious non-fatal offence and requires a specific intent to cause grievous bodily harm or to resist arrest (R v Taylor).

Question 2

D shouts threats at V but makes no physical contact. V is terrified but unhurt. What offence has D committed?
A. Assault
B. Section 20 GBH
C. Section 18 GBH
D. No offence

Answer 2

A. Assault
Explanation: Mere threats causing apprehension of immediate violence amount to assault — not GBH under s.18 or s.20.

Question 3

D stabs V intending to cause GBH, but V later dies from complications. What is the most serious offence D could be charged with?
A. Section 18 GBH
B. Murder
C. Manslaughter
D. Section 20 GBH

Answer 3

B. Murder
Explanation: Under the doctrine of transferred malice, intent to cause GBH that results in death can satisfy the mens rea for murder (R v Vickers).

Question 4

What is the maximum sentence for Section 18 GBH?
A. 7 years
B. 10 years
C. Life imprisonment
D. 5 years

Answer 4

C. Life imprisonment
Explanation: Section 18 carries a maximum sentence of life imprisonment, reflecting the seriousness of the offence.

Question 5

Which of the following would not satisfy the mens rea for Section 18?
A. Intention to cause serious physical injury
B. Intention to cause serious psychiatric injury
C. Recklessness as to causing some harm
D. Intention to resist or prevent lawful arrest

Answer 5

C. Recklessness as to causing some harm
Explanation: Mere recklessness is sufficient for Section 20 but not for Section 18; Section 18 requires specific intent.

Question 6

Which best describes the actus reus of Section 18?
A. Causing death with intent to kill
B. Unlawfully causing a wound or grievous bodily harm
C. Threatening to cause harm in the future
D. Causing emotional distress through harassment

Answer 6

B. Unlawfully causing a wound or grievous bodily harm
Explanation: The actus reus is causing GBH or a wound unlawfully, but coupled with the necessary specific intent.

Question 7

D stabs V in the stomach with the intention of causing serious harm. V suffers serious internal injuries. Which offence has D committed?
A. Section 18 GBH
B. Section 20 GBH
C. Assault
D. ABH under Section 47

Answer 7

A. Section 18 GBH
Explanation: D intended to cause serious injury, satisfying the specific intent requirement for Section 18.

Question 8

D punches V during a heated argument. V falls and fractures a rib. D only foresaw the risk of minor harm. What is the correct charge?
A. Section 18 GBH
B. Section 20 GBH
C. Section 47 ABH
D. Assault

Answer 8

B. Section 20 GBH
Explanation: Without specific intent to cause serious harm, D cannot be liable under Section 18. Foreseeing some harm suffices for Section 20.

Question 9

D swings a bat at a police officer trying to arrest him, intending to escape. The officer suffers a broken arm. What offence applies?
A. Section 47 ABH
B. Assault
C. Section 18 GBH
D. Section 20 GBH

Answer 9

C. Section 18 GBH
Explanation: Section 18 also covers causing GBH with intent to resist or prevent lawful arrest, even if serious harm was not specifically intended.

Question 10

D throws acid at V, intending to cause scarring. V suffers disfigurement. What is the correct offence?
A. Section 20 GBH
B. Assault
C. Section 47 ABH
D. Section 18 GBH

Answer 10

D. Section 18 GBH
Explanation: Acid attacks with the intention to cause serious harm (e.g., disfigurement) fall under Section 18.

Question 11

D strikes V with a heavy object during a robbery, intending to incapacitate V temporarily. V suffers a fractured skull. Which offence applies?
A. Section 18 GBH
B. Section 20 GBH
C. Section 47 ABH
D. Battery

Answer 11

A. Section 18 GBH
Explanation: Where the intention is to cause serious injury or resist arrest, Section 18 applies, even if incapacitation was the immediate goal.

Question 12

D swings a punch at V intending to hit them, but misses completely. V suffers no injury. Which offence is D guilty of?
A. Assault
B. Battery
C. Section 18 GBH
D. No offence

Answer 12

A. Assault
Explanation: An attempt to apply unlawful force causing apprehension, but no injury, amounts to assault, not s.18 GBH.

Question 13

What is required for an injury to amount to a “wound” under Section 18 OAPA 1861?
A. Any visible external injury, even without broken skin
B. Breaking only the top (epidermis) layer of skin
C. Internal bleeding without external injury
D. Breaking both the dermis and epidermis layers of the skin

Answer 13

D. Breaking both the dermis and epidermis layers of the skin
Explanation: In C (a minor) v Eisenhower [1984], the court held that a wound requires the breaking of the full thickness of the skin — both the outer (epidermis) and inner (dermis) layers. Internal injuries like bruising without external breakage do not constitute a wound.

Question 14

Under Section 18 OAPA 1861, which of the following mental states will satisfy the required mens rea?
A. Intention to frighten the victim into submission
B. Intention to resist or prevent lawful arrest, even if no harm is intended
C. Recklessness as to causing actual bodily harm
D. Intention to cause economic loss to the victim

Answer 14

B. Intention to resist or prevent lawful arrest, even if no harm is intended
Explanation: Section 18 can be satisfied in two ways:
(1) Intention to cause grievous bodily harm, or
(2) Intention to resist or prevent lawful arrest, where GBH or a wound results.
So even if the defendant didn’t intend serious injury, the offence can still apply if injury results during an intentional act to avoid arrest (see OAPA 1861, s.18 wording).