Non Fatal Offences Against The Person

Question 0

Assault occasioning actual bodily harm OAPA 1861 ss 20, 47

Mens Rea

Answer 0

R v Savage

D does not need do to have mens rea in relation the harm inflicted under s.20 OAPA.
It is enough that some kind of physical harm to the person should have been foreseen, albeit of minor character

Question 1

Assault occasioning actual bodily harm OAPA 1861 s47

Answer 1

1. R v Chan Fook
   Actual bodily harm includes psychiatric injuries, but not mere emotions
2. R v Ireland
   Silent phone calls can amount to assault occasioning ABH
3. T v DPP
   Harm is synonym for injury and actual indicates that injury should not be wholly insignificant.

Question 2

Wounding or grievous bodily harm
OAPA 1861 ss 18, 20

Wound

Answer 2

Moriarty v Brooks

If skin is broken and there is bleeding, that is a wound.

Question 3

Wounding or grievous bodily harm
OAPA 1861 ss 18, 20

Mens Rea

Answer 3

R v Mowatt
Maliciously adds nothing to definition under s18.

R v Savage
It is enough that D should have foreseen some physical harm, to the person

Question 4

Wounding or grievous bodily harm
OAPA 1861 ss 18, 20

Consent

Answer 4

1. AG’s Reference (no 6 of 1980)
   As a matter of policy a person cannot consent to fist fighting resulting in ABH or greater harm. Exceptions are sports etc.
2. R v Konzani
   Aids case. Distinction to consent to unprotected sex and consent to risk of infection with deadly disease.
3. R v Brown
   No consent to ABH in the course of homosexual sado-masochistic encounter.
4. R v Wilson
   Consent to burnings. It is in public interest that consensual activity between husband and wife should not result in prosecution.
5. R v Aitken
   RAF burning case. Mistaken belief in consent should be left for the jury.

Question 5

Assault

Definition

Answer 5

Fagan v MPC

Intentionally or recklessly causing victim to apprehend immediate unlawful violence

Question 6

Battery

Definition

Answer 6

R v Ireland

Unlawful application of force by D upon V