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Cards In This Set
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What is the actus reus of Section 18?
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- wounding
- causing grievous bodily harm. |
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For the mens rea of Section 18, the defendant must be proved to have intended to...?
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- do some grievous bodily harm; or
- resist or prevent the lawful apprehension or detainer of any person. |
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Section 18 is a 'specific intent crime', what does this mean?
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That intention must be proved, so recklessness is not sufficient for the mens rea.
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Intention has the same meaning as shown in the leading cases on foresight of consequences, what are these leading cases?
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- Maloney 1985
- Nedrick 1986 - Woollin 1998 |
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So what is the meaning of intention regarding section 18?
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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.
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What must prosecution prove where the defendant is trying to resist or prevent arrest or detention?
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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.
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In what case was this decided?
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Morrison 1989
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