47,20,18 OAPA 1861 Flashcards
what is assault occasioning in actual bodily harm charged under
s.47 OAPA 1861
what is the maximum sentence for abh
5 years
what is a triable either way offence
can be tried in magistrates or crown court
what are the 3 parts of the actus reus for abh
an assault or battery
occasioning
actual bodily harm
what does occasioning mean abh
the assault or battery must cause abh
what is the definition of abh and what case dictated this
an injury that will interfere with the health/comfort of the victim
r v miller
what addition to bodily harm was confirmed in R v chan-fook
bodily harm included physiatric injury with medical evidence
what’s the mens rea for abh
the same as the occasioning assault or battery
does the d have to foresee the injury or intend it
abh
no
in dpp v smith what action accounted as abh
cutting hair
if it’s a substantial amount
what were people not allowed to concent to from R v bm abh
body modifications
what happened in r v savage
d threw a pint over someone and the glass slipped and cut v
d didn’t for see event but still guilty
what is malicious wounding/inflicting grevious bodily harm charged under
s.20 OAPA 1861
what two sections or oapa are triable either way offences
47 20
what the maximum sentence for s20
5 years
what are the aspects of the actus reus for s20
unlawful
cause wound
or cause gbh
what is the definition of wound
break in the continuity of skin
what does gbh mean and what case sates this
really serious harm
DPP V Smith
what does inflict mean
cause
what happened in the case of JCC v Eisenhower
pellets fired into v eye
no external bleeding
d not convicted of s20
must be a break in skin
what’s determined in r v dica
gbh can be through passing a disease eg aids
what’s the mens rea of s20
being malicious
d having the intention or reckless as to inflicting some harm
what did r v cunningham state being malicious was
the intention to do that harm done
the recklessness that it could happen
what is malicious wounding/inflicting grevious bodily harm with intent charged under
s18 OAPA 1861
what’s the max sentence of s 18
life
where must s18 be hurd
crown court
what are the two actus reus of s18
unlawfully
wounding
causing
GBH
how can forsight of virtually certain consequences be used in s18
evidence from which a jury can find intent
r v maloney
what happens in r v ismail
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.
what happened in r v belfon
It is also seen where D slashed V around the face and chest with a razor.
what’s the mens rea for s18
the intention
to cause gbh or resist arrest
what was confirmed in r v taylor
intention to wound is not enough
