... that the throwing of the brick was intentional, it is the consequences of that action which were not intended, foreseen or desired. It is the mens rea of the offence that creates an opening for an appeal. As the mens rea consists of either intention or recklessness, we must first address which of these elements are required for a person to be guilty of a crime under section 20 of the Offences Against the Person Act 1861. Section 18 of the same Act states that it is an offence to wound or cause grievous bodily harm "with intent" to do so, whilst the offence under section 20 is to "unlawfully and maliciously wound or inflict grievous bodily harm upon any other person". The pivotal aspect of the appeal lies within the direction offered to the jury by the trial judge. In this direction he advises the use of the objective test ...

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