Crime - NFOAP

Question 0

s20 OAPA 1861

Answer 0

AR: Wounding/inflicting GBH
MR: Intentionally/recklessly causing SOME harm
Sentence: 5 years

Question 1

s18 OAPA 1861

Answer 1

AR: Wounding/inflicting GBH
MR: Intentionally/recklessly causing GBH -OR- intentionally/recklessly causing SOME in order to resist arrest
Sentence: Life

Question 2

s47 OAPA 1861

Answer 2

AR: Common assault/battery causing ABH
MR: Correspnds to MR for battery/assault
Sentence: 5 years

Question 3

Common battery

Answer 3

AR: Inflicting unlawful force without consent
MR: Intentionally/recklessly inflicting unlawful force
Sentence: 6 months

Question 4

Common assault

Answer 4

AR: Acts or words that cause V to apprehend the immediate infliction of unlawful force
MR: Intentionally/recklessly causing V to apprehend the immediate threat of unlawful force
Sentence: 6 months

Question 5

DPP v Smith

Answer 5

GBH means really serious harm; use CPS Charging Standards as a guide

Question 6

Burstow

Answer 6

GBH includes really serious psychiatric harm if it is a recognised condition

Question 7

Moriaty v Brookes

Answer 7

Wounding is breaking the skin/drawing blood

Question 8

Eisenhower

Answer 8

Bruising/internal injuries do not amount to wounding

Question 9

Parmenter

Answer 9

D need only recognise that his actions have the potential to cause SOME harm

Question 10

R v Miller

Answer 10

ABH is any hurt/injury calculated to interfere with the health and comfort of V

Question 11

R v Ireland

Answer 11

1. ABH may include psychiatric harm if it is a recognised condition
2. Words or actions are sufficient for common assault, e.g. silent phone calls

Question 12

R v Savage

Answer 12

D need not have foreseen that his actions would cause V to suffer harm (flight/fright)

Question 13

R v Roberts

Answer 13

D will not be liable for the harm V suffers as a result of his actions if V’s reaction is unforeseeable/extreme

Question 14

Haystead v CC of Derbyshire

Answer 14

Infliction of unlawful force may be indirect, e.g. setting a dog on someone

Question 15

Fagan v MPC

Answer 15

V must apprehend that D will use unlawful force immediately

Question 16

R v Constanza

Answer 16

V need only expect that force might be used unlawfully at some point not excluding the immediate future

Question 17

Collins v Wilcock

Answer 17

Consent will generally only apply where no harm was caused/intended

Question 18

A-G’s Reference No. 6

Answer 18

Consent will still operate as a defence where the harm was caused during:

• sports
• surgery
• lawful activities, e.g. tattooing, body piercing, etc.

Question 19

R v Brown

Answer 19

Consent will not apply where there are policy grounds against it, e.g. corrupting morals, spreading disease, glorifying cruelty

Question 20

R v Hopely

Answer 20

Parents may use reasonable force to discipline their children