Lecture 19 - OAPA

Question 1

what is assault

Answer 1

according to the case of r v ireland 1998 its any act by which a person intentionally or recklessly causes another to apprehend immediate and unlawful violence

Question 2

what is the mens rea for assault

Answer 2

intentionally or recklessly causing another to apprehend immediate unlawful violence

Question 3

what is battery

Answer 3

when d touches or applies force to the victim and d intends or is reckless as to touching or applying force to v

Question 4

what is the definition of actual bodily ham s47

Answer 4

a common assault or battery which causes actual bodily harm intending or being reckless as to whether a common assault or battery was caused

Question 5

can psychological harm constitute abh

Answer 5

r v dhaliwal 2006 states that mere emotions are not enough to constitute psychological harm but overall psychological harm can constitute abh according to r v ireland

Question 6

what is the mens rea for abh

Answer 6

no requirement to be reckles or intend to cause abh

Question 7

what is the definition of grievous bodily harm section 20

Answer 7

where d unlawfully wounds v or d unlawfully inflicts gbh on v and d intends or foresees some harm to v

Question 8

what is the mens rea for gbh s20

Answer 8

some harm must be intended or recklessly foreseen but no need for it to be serious harm according to r v cunningham 1957

Question 9

what is the definition of grievous bodily harm s18

Answer 9

d unlawfully wounds v or d unlawfully causes gbh to v with intent to do gbh