What is the actus reus of Section 18? |
|
- wounding - causing grievous bodily harm. |
| |
For the mens rea of Section 18, the defendant must be proved to have intended to...? |
|
- do some grievous bodily harm; or - resist or prevent the lawful apprehension or detainer of any person. |
| |
Section 18 is a 'specific intent crime', what does this mean? |
|
That intention must be proved, so recklessness is not sufficient for the mens rea. |
| |
Intention has the same meaning as shown in the leading cases on foresight of consequences, what are these leading cases? |
|
- Maloney 1985 - Nedrick 1986 - Woollin 1998 |
| |
So what is the meaning of intention regarding section 18? |
|
That foresight of consequences is not intention, it is only evidence from which intention can be inferred and intention cannot be found unless the harm caused was a virtual certainty as a result of the defendant's action and the def. realised this was so. |
| |
What must prosecution prove where the defendant is trying to resist or prevent arrest or detention? |
|
That he had specific intention to resist or prevent arrest and that whether he was reckless as to whether his actions would cause a wound or injury. |
| |
In what case was this decided? |
|
Morrison 1989 |
| |