OAPA (assault,battery,s47,s20,s18) Flashcards
Where are assault and battery contained?
-both assault and battery are charged under Section 39 Criminal Justice Act 1988
What does assault mean and what are some cases?
-an act which causes the victim to apprehend the infliction of immediate/unlawful force.
-an assault requires some act/words. An omission is not enough to constitute an assault.
-CONSTANZA:D wrote letters, court said there was an assault as there was a ‘fear of serious violence at some time’
-IRELAND:even silent phone calls can be an assault.
-LAMB:the acts/words must cause the victim to apprehend that immediate force is going to be used against them.
SMITH:an assault can be made through a closed window.
-LIGHT:words indicating that there will be no violence may prevent an act from being an assault, however it will depend on the circumstances.
-fear of any unwanted touching is also sufficient.
What is a battery and what are some cases?
-application if unlawful force to another person, even slight touching, WOOD
-touching a victim’s clothing is sufficient for a battery. In THOMAS, court said, ‘if you touch a person’s clothes while he is wearing them, that is equivalent to touching him.’
What are two other ways a battery can be committed AND how can an omission be a battery?
-a battery can be committed through a continuing act, FAGAN
-a battery can also be committed through an indirect act,
**MARTIN*
-scenarios which could make a defendant liable by way of omission is where the defendant has created a dangerous situation leading to force being applied to the victim, MILLER
Is there possible for there to be a battery without an assault?
-it is possible for there to be a battery without an assault. This occurs when the victim is unaware that unlawful force is about to be used on them, such as where the attacker comes up unseen behind the victim’s back.
What is the mens rea of assault and battery?
-the MR of assault and battery is either an intention to cause another to fear immediate, unlawful personal violence, OR recklessness as to whether fear is caused.
-MAJEWSKI
What is the lowest level of injury referenced in the OAPA?
-section 47
-it is a triable-either-way offence and the person can be liable to ‘imprisonment for five years.’
What is the AR for s47?
-it is necessary to prove that there was an assault/battery and that this caused ABH.
-An assault is sufficient even though D does not touch the victim, provided the assault has caused ABH (V tries to escape from apprehended force and injures themself).
What are the cases for the actus reus of s47?
-MILLER:‘any hurt or injury calculated to interfere with the health/comfort of the victim’
-DPP:includes injury to nervous system and brain/loss of consciousness.
-SMITH:cutting V’s hair can be ABH.
-CHAN FOOK: ABH don’t include ‘mere emotions such as fear distress or panic’
What is the mens rea of s47?
mens rea for a common assault is sufficient for the MR of a s47 offence. This means D must intend or be subjectively reckless as to whether V fears/subjected to unlawful force.
ROBERTS/SAVAGE: mens rea of s47
What is the next offence in seriousness after s47?
-malicious wounding/inflicting GBH
-it is an offence under s20 OAPA 1861.
-it is triable-either-way and the maximum sentence is five years.
What needs to be proven for a s20?
-for the offence to be proved, it must be shown that the defendant wounded OR inflicted GBH.
and that he/she did this intending some injury (but not serious injury) to be caused OR being reckless as to whether any injury was inflicted.
What does ‘wounding mean’ and what is a case for this?
-a ‘wound’ is a cut/break in the continuity of the whole skin. A cut of internal skin (in the cheek) is sufficient but internal bleeding is not sufficient.
-WOOD: broken bone is not considered wound, unless skin is broken.
What does ‘inflicted grievous bodily harm’ mean using cases?
-SMITH: GBH means ‘really serious harm’.
-BURSTOW: serious psychiatric injury can be GBH.
-it needs to also be shown that D’s actions have led to the consequence of the victim suffering GBH. (LEWIS: inflicting GBH)
What is the mens rea for s20?
As per the case of Cunningham:
-an intention to do the particular kind of harm that was in fact done
-reckless as to whether such harm should occur or not
What is the next offence in seriousness after S20?
-this offence is under s18 OAPA.
-the maximum for s18 is life imprisonment.
-also, s18 must be tried on indictment at the Crown Court.
What is the actus reus of S18?
This can be committed in two ways:
-wounding
-causing GBH
(meanings for wound and GBH are the same as for s20).
What is the mens rea for s18?
-this is a specific intent offence. The defendant must prove to have intended to:
-do some GBH or
-resist/prevent the lawful apprehension or detainer of any person
-TAYLOR: intention to wound is not enough. Section 18 is a specific intent crime, recklessness is not enough for MR of s18.
-MORRISON:specific intention to resist/prevent arrest and recklessness as to causing injury.
