under section 20. The Court of Appeal held that an intention to frighten was not enough to constitute the necessary mens rea for section 20, and that the direction to the contrary effect was a misdirection. However, they dismissed the appellant's appeal. They said that a properly directed jury could not in the circumstances have come to any other conclusion than that the appellant must have been aware that what he was doing was likely to cause physical injury to the victim. In practice, malice in the case of these offences means no more than foresight of the risk of bodily harm: R v Barnes [2005] 1 Cr App R 30. Specific intent Section 18 has two separate mens rea requirements and is therefore an offence of specific rather than basic intent. R v Belfon [1976] 1 WLR 741, CA, confirmed that references to mere foresight or recklessness that harm was likely to result are sufficient for the element "unlawfully and maliciously inflict/cause" for the basic intent in both sections 18 and 20 but insufficient for the specific element. The intention either to cause or to resist arrest must be proved subjectively, say, in the charge "malicious wounding with intent to cause grievous bodily harm". The Crown Prosecution Service said that the following factors may indicate the specific intent: "a repeated or planned attack; deliberate selection of a weapon or adaptation of an article to cause injury, such as breaking a glass before an attack; making prior threats; and using an offensive weapon against, or kicking the victim's head". Alternative verdicts Sections 20 and 47 are offences of basic intent and can be an alternative charge to section 18, and/or section 47 is a lesser included offence. Consent Consent is only an allowed defence to either section if there is considered to be a good reason. This may include medical operations, sport, body modifications (even if carried out by someone who is not trained), and, occasionally, "horseplay". R v Brown (Anthony) however ruled that sadomasochistic sexual acts are not a good reason to allow a defence of consent. Mode of trial In England and Wales, the offence under section 18 is an indictable-only offence, while the offence under section 20 is triable either way. Sentence Section 18 In England and Wales, an offence under section 18 is punishable with imprisonment for life or for any shorter term. See the Crown