Section 18

Question 1

1) Intro

Answer 1

D can be charged under S.18 OAPA 1861 for V’s injuries.

Question 2

2) AR

Answer 2

• The AR of S.18 is ‘wounding or causing GBH’.
• Wound was defined in Eisenhower as ‘both layers of skin being broken’.
• GBH was defined in Smith as ‘really serious harm’.

*Apply - are the injuries really serious harm/ have both layers of skin been broken?

Question 3

3) Causation

Answer 3

But for test & significant contribution test

Question 4

4) MR

Answer 4

• The MR of S.18 is ‘intent to cause GBH & prevent arrest’.
• Direct intent is where the act is D’s main aim or purpose (Mohan).
• Recklessness is where D knows there’s a risk of the act occurring but carries on with his actions (Cunningham).

*Apply relevant one

Question 5

5) Conclusion

Answer 5

• D potentially has both the AR & MR of S.18 & so could be guilty of this offence & get a maximum sentence of life imprisonment.
• This could not be S.20 as I believe D had intended more than some harm as proven above.