Section 18 Of Offences Against The Person ACT 1861

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Section 18 Of The OAP

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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