Criminal 4 - non-fatal offences - s.45 and above

Question 1

What elements make up a s47 actual bodily harm offence?

Answer 1

Actus Reus:
- assault (either assault or battery actus and mens rea)
- occasioning actual bodily harm
Mens Rea:
- mens rea for assault or battery

Question 2

What does ‘actual bodily harm’ mean for ABH?

Answer 2

• interferes with health or comfort
• more than trifling
• Includes psychiatric injury but not fear/distress
• Momentary loss of consciousness counts

Question 3

What elements make up a S20 OAPA (Malicious wounding or inflicting GBH) offence?

Answer 3

Actus Reus:
- wounding
- GBH

Mens Rea:
- intend or
- reckless
to SOME harm

Question 4

What does ‘wound’ mean for s20 (Malicious wounding or inflicting GBH) ?

Answer 4

• break both layers of the skin
• Need not be severe

Question 5

What is causation for S20 (Malicious wounding or inflicting GBH) ?

Answer 5

Normal rules of causation: factual (but for) and legal (operation & substantial cause) causation

Question 6

How is GBH defined?

Answer 6

Serious harm

Question 7

What elements make up a S18 OAPA (Wounding or causing GBH with intent) offence?

Answer 7

Actus Reus:
- wounding
- GBH

Mens Rea:
- intend to cause GBH

Question 8

When can oblique intent be found for s18?

Answer 8

Serious injury was a virtual certainty as a result of D’s action (objective)
D appreciated that

Question 9

What’s the difference between s.20 (Malicious wounding or inflicting GBH) & S18 OAPA (Wounding or causing GBH with intent)

Answer 9

s. 20 - intent or reckless to cause some harm
s. 18 - intent to cause GBH