Unlawful and Malicious wounding or causing grievous bodily harm with intent or with intent to resist arrest

Question 1

Introduction

Answer 1

S18 Offences against the Person act 1861.

Question 2

Actus Reus - ?

Answer 2

Same as S20 so look over them again

Question 3

Mens Rea - some harm?

Answer 3

R v Taylor - Intention to do grievous bodily harm but wounding does not count.

Question 4

Mens Rea - Arrest?

Answer 4

Morrison - Resist arrest and intend to do some harm (not grievous).

Question 5

CPS code section S18?

Answer 5

The greater Mens Rea requirement means that it should be reserved for more serious cases, a planned attack, using a weapon or kicking the head.