47,20,18 OAPA 1861

Question 1

what is assault occasioning in actual bodily harm charged under

Answer 1

s.47 OAPA 1861

Question 2

what is the maximum sentence for abh

Answer 2

5 years

Question 3

what is a triable either way offence

Answer 3

can be tried in magistrates or crown court

Question 4

what are the 3 parts of the actus reus for abh

Answer 4

an assault or battery
occasioning
actual bodily harm

Question 5

what does occasioning mean abh

Answer 5

the assault or battery must cause abh

Question 6

what is the definition of abh and what case dictated this

Answer 6

an injury that will interfere with the health/comfort of the victim
r v miller

Question 7

what addition to bodily harm was confirmed in R v chan-fook

Answer 7

bodily harm included physiatric injury with medical evidence

Question 8

what’s the mens rea for abh

Answer 8

the same as the occasioning assault or battery

Question 9

does the d have to foresee the injury or intend it
abh

Answer 9

no

Question 10

in dpp v smith what action accounted as abh

Answer 10

cutting hair
if it’s a substantial amount

Question 11

what were people not allowed to concent to from R v bm abh

Answer 11

body modifications

Question 12

what happened in r v savage

Answer 12

d threw a pint over someone and the glass slipped and cut v
d didn’t for see event but still guilty

Question 13

what is malicious wounding/inflicting grevious bodily harm charged under

Answer 13

s.20 OAPA 1861

Question 14

what two sections or oapa are triable either way offences

Answer 14

47 20

Question 15

what the maximum sentence for s20

Answer 15

5 years

Question 16

what are the aspects of the actus reus for s20

Answer 16

unlawful
cause wound
or cause gbh

Question 17

what is the definition of wound

Answer 17

break in the continuity of skin

Question 18

what does gbh mean and what case sates this

Answer 18

really serious harm
DPP V Smith

Question 19

what does inflict mean

Answer 19

cause

Question 20

what happened in the case of JCC v Eisenhower

Answer 20

pellets fired into v eye
no external bleeding
d not convicted of s20
must be a break in skin

Question 21

what’s determined in r v dica

Answer 21

gbh can be through passing a disease eg aids

Question 22

what’s the mens rea of s20

Answer 22

being malicious
d having the intention or reckless as to inflicting some harm

Question 23

what did r v cunningham state being malicious was

Answer 23

the intention to do that harm done
the recklessness that it could happen

Question 24

what is malicious wounding/inflicting grevious bodily harm with intent charged under

Answer 24

s18 OAPA 1861

Question 25

what’s the max sentence of s 18

Answer 25

life

Question 26

where must s18 be hurd

Answer 26

crown court

Question 27

what are the two actus reus of s18

Answer 27

unlawfully
wounding
causing
GBH

Question 28

how can forsight of virtually certain consequences be used in s18

Answer 28

evidence from which a jury can find intent
r v maloney

Question 29

what happens in r v ismail

Answer 29

D threw nitric acid into his girlfriend’s face when she threatened to leave him. This resulted in permanent disfigurement and D was convicted of causing GBH with intent.

Question 30

what happened in r v belfon

Answer 30

It is also seen where D slashed V around the face and chest with a razor.

Question 31

what’s the mens rea for s18

Answer 31

the intention
to cause gbh or resist arrest

Question 32

what was confirmed in r v taylor

Answer 32

intention to wound is not enough