S.18 and S.20 (OATPA 1861) Flashcards
(19 cards)
what act is S.18 and S.20 under?
Offences against the Person Act 1861
s.20 - define section 20?
unlawful and malicious wounding or inflicting of any GBH
s.20 and s.18 - principle from smith?
really serious harm needed
s.20 and s.18 - principle from saunders?
serious harm
s.20 and s.18 - principle from Bollom
V’s age and health are relevant when deciding whether an injury amounted to GBH
s.20 and s.18 - principle from Burstow?
GBH can include psychiatric harm
s.20 and s.18 - principle from dica?
STI’s can be GBH
s.20 and s.18 - principle from Brown and Stratton?
a combination of injuries can amount to GBH
s.20 and s.18 - for wounding principle from JCC v eisenhower?
a wound is a break in the surface of the skin
s.20 - what is the MR?
intention (Mohan)
or
recklessness as to the risk of harm (Cunningham)
s.18 - define section 18?
unlawful and malicious wounding or causing GBH to any person, with intent to do some GBH to any person
s.18 - what are the 2 intents?
- direct intent to cause GBH
- foreseeable consequences of GBH
s.18. - principle from Taylor
intention to wound is not enough it must be intention to cause GBH
s.18 - what is the alternative MR for s.18?
to resist of prevent arrest
requires specific intent to prevent arrest but only needs to be reckless as to whether his action could cause wound/injury
s.18 - case for resisting/preventing arrest?
Morrison
s.20 and s.18 - case for thin skull rule?
Blaue
s.20 and s.18 - what causation does GBH need?
factual and legal
hat is factual causation?
but for test - R v White
what is legal causation?
more than minimal cause (kimsey)
no intervening act:
- not seeking medical attention (R v dear)
- medical intervention (cheshire/jordan)
- victims own act (R v roberts)
- 3rd party (R v pagett)
