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Kembaraxtra-Case Law- R v Morrison (1989) - Section 18 OAPA 1861
Case Citation: R v Morrison (1989) (Court of Appeal, specific reporter not specified)
Area of Law: Offences Against the Person Act 1861, specifically Section 18: Wounding with Intent
Key Facts:
Case Citation: R v Morrison (1989) (Court of Appeal, specific reporter not specified)
Area of Law: Offences Against the Person Act 1861, specifically Section 18: Wounding with Intent
Key Facts:
- Defendant (D) was being arrested by a police officer.
- The officer stated she was arresting D.
- D, in an attempt to escape, dived through a glass window pane, pulling the arresting officer with her.
- The officer sustained serious facial cuts as a result of being pulled through the broken glass.
- Whether D was guilty of a Section 18 offence of unlawfully and maliciously wounding a person with intent to resist the lawful apprehension of the person.
- D was found not guilty of the Section 18 offence.
- This case highlights the importance of proving mens rea (the mental element) for a Section 18 offense. The prosecution must demonstrate not only that the defendant acted maliciously and unlawfully but also that they acted with the specific intent to cause grievous bodily harm (GBH) or to resist lawful apprehension. The act of diving through the window may have been reckless or even malicious, but that it was not undertaken with the specific intent as proscribed by Section 18.
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