Wounding (NFO)

Question 1

Where is wounding defined?

Answer 1

S20 and S18 of the OAPA 1861

Question 2

Actus Reus?

Answer 2

To unlawfully wound a person

Question 3

Definition of ‘wound’

Answer 3

JCC v Eisenhower. A cut/break in at least 2 layers of skin. Internal bleeding is not a wound

Question 4

Case for factual causation and test

Answer 4

But for test. R v Pagett

Question 5

Case for legal causation and test

Answer 5

R v Smith. Operative and substantial cause test

Question 6

what breaks the chain of causation if its unreasonable and unforseeable

Answer 6

Intervening acts. Acts of V, R v Roberts or R v Williams. Acts of third party, R v Pagett or R v Jordan. Acts of God, R v White or an earthquake.

Question 7

Mr. of S20?

Answer 7

DI or Recklessness as to cause SOME harm. R v Mowatt.

Question 8

Mr. of S18

Answer 8

DI or Oblique Intention to cause really serious harm. R v Belfon

Question 8

Case and 2 part test for oblique intention

Answer 8

R v Woollin. 1. really serious harm is virtually certain. 2. D realises this

Question 8

How to decide which mens rea D has?

Answer 8

Did D intend any harm? If yes how much? (some or serious). If not did D realise a risk of harm?