Non-fatal offences Flashcards
What is S18 OAPA 1861?
Wounding or GBH with Intent
What does S20 OAPA 1861 refer to?
Wounding or GBH
What is the definition of S47 OAPA 1861?
Assault occasioning actual bodily harm
Arrange the following offences in order of severity from highest to lowest: S20 OAPA 1861, Battery, S18 OAPA 1861, Assault, S47 OAPA 1861.
S18 OAPA 1861, S20 OAPA 1861, S47 OAPA 1861, Battery, Assault
What is Assault?
Causing another person to apprehend immediate and unlawful personal violence.
What are the elements of Assault?
- Apprehension
- Immediate
- Unlawful
- Personal Violence
- Intention or reckless as to cause the AR
What does Apprehension mean in the context of Assault?
Make the victim anticipate but not necessarily fear immediate and unlawful personal violence.
No need for actual physical contact (Logdon v DPP).
Can words alone constitute Assault?
Yes, words alone and silence can be enough.
(R v Wilson, R v Ireland; Burstow)
Can words negate an Assault?
Yes, words can negate an assault.
(Tuberville v Savage)
What does ‘Immediate’ mean in Assault?
‘Immediate’ does not mean instantaneous; it can include some time not excluding the immediate future.
(Constanza)
What does ‘Unlawful’ mean in the context of Assault?
Not done in self-defence or with the victim’s consent.
What is meant by ‘Personal Violence’ in Assault?
All the victim has to anticipate is unwanted touch, not psychological harm.
(Ireland)
What is the Mens Rea for Assault?
Intention (R v Moloney) or Reckless (R v G) as to cause the Actus Reus.
(R v Venna) - therefore basic intent crime
What is the Recklessness test in Assault?
The Recklessness test is established in R v G.
What is Battery?
Actual or intended use of unlawful force against another person without their consent.
(Fagan v MPC)
What are the elements of battery?
- The application
- Of unlawful
- Force on another
- WIth intention or recklessness as to the AR
Basic intent crime
How can Battery be inflicted?
Battery can be inflicted directly, indirectly, or by an omission.
(Collins v Wilcock, R v Martin, DPP v K, Santana Bermudez)
What does ‘unlawful’ mean in the context of Battery?
Unlawful means that the battery isn’t done in self-defence or with V’s consent.
Consent can be express or implied consent to inevitable everyday contact (Collins v Wilcock).
What constitutes ‘force’ in Battery?
Force means the merest of touch and doesn’t have to be rude, hostile, or aggressive.
(Collins v Wilcock, Faulkner v Talbot). Touching someone’s clothes is enough (R v Thomas).
What happens if the Battery results in harm that is more than trivial?
If the battery results in harm which is more than trivial, the defendant will be liable for the more serious offence under the OAPA 1861, s 47.
What are the elements for S47 Assault Occasioning Actual Bodily Harm?
- Assault
- Occasioning
- ABH
- With intention or recklessness as to the AR
What constitutes assault in S47?
Assault can be defined as either assault or battery (DPP v Little [1992] and R v Ireland; Burstow [1998]).
What is the significance of ‘occasioning’ ABH?
Causation involves factual causation (but for test, R v White) and legal causation (‘operating and substantial cause’, R v Pagett).
What is required for legal causation to be substantial?
The cause must be more than de minimis to be considered substantial (R v Hughes).
Can S47 be committed through omission?
Yes, it can be committed through omission (DPP v Santana-Bermudez).
What is actual bodily harm in S47?
Actual bodily harm is any hurt or injury that interferes with the health or comfort of the victim (R v Donovan [1934]).
Need not be seirous but must be more than transient and trifling
Does actual bodily harm include psychiatric injury?
Yes, it includes psychiatric injury but not mere emotions such as fear or panic (R v Chan-Fook).
What is the Mens Rea for S47?
The Mens Rea involves intent or recklessness as to causing the victim to apprehend immediate and unlawful violence or applying unlawful force upon another.
i.e the same as the MR for assault or battery
What are the elements of s20?
- Wound/inflict GBH
- Intention or recklessness as to causing some harm
How is a wound defined?
A wound is defined as a break in the continuity of both layers of the skin (C (a minor) v Eisenhower).
What does infliction of grievous bodily harm mean?
It is held to mean a cause of GBH and does not require an assault to take place.
What constitutes grievous bodily harm?
- Grievous bodily harm is defined as really serious harm (DPP v Smith).
- Can include psychiatric injury if sufficiently serious (Ireland)
- Look at the totality of the injuries (Bollom)
What is the Mens Rea for malicious wounding?
The defendant must intend or be reckless to committing some harm (R v Savage; Parmenter).
What are the elements for S18 Wounding or causing grievous bodily harm with intent?
- Wound or cause GBH
- With intention to cause really serious harm
Apply causation. Specific intent crime.
What must juries be sure of to find S18 by oblique intent?
- Serious injury was a virtual certainty as a result of the defendant’s action (objective element).
- The defendant appreciated that (subjective element).
What is the maximum sentence for s47?
5 yrs (either way)
