Non-fatal Offences against the Person (OAPA 1861)

Question 1

How is GBH defined?

Answer 1

‘Really serious harm’ (DPP v Smith)

Question 2

How is a ‘wound’ defined?

Answer 2

The breaking of both layers of skin, thus typically involving blood (Moriarty)

Question 3

Bruising or internal bleeding are not wounds no matter how serious the bleeding, as skin has not been broken.

Answer 3

Eisenhower

Question 4

‘Unlawfully’ simply means without lawful excuse.

Answer 4

Horwood

Question 5

No simple or physical result is required to ‘inflict’ GBH and psychiatric problems could amount to GBH if severe enough.

Answer 5

Burstow

Question 6

How is ABH defined?

Answer 6

Any hurt or injury calculated to interfere with the health or comfort of the victim (Miller).

Question 7

Psychiatric injury can amount to ABH but requires medical evidence and a reasonable clinical condition.

Answer 7

Ireland; Chan-Fook

Question 8

Only intention or recklessness to assault is required for s47.

Answer 8

Savage and Parmenter.

Question 9

It is sufficient that a victim fears force could occur immediately.

Answer 9

Burstow

Question 10

In instances of conditional threat, the imposition on the victim and the unjustified restriction on their personal liberty is unwarranted and could render the defendant liable for assault. However, any threat must also satisfy the immediate force requirement.

Answer 10

Read v Coker

Question 11

Words alone could constitute an assault and thus a silent telephone call could constitute an assault, depending on the facts.

Answer 11

Ireland

Question 12

Which three scenarios did AG Reference (No 6 of 1980) list where consent would be valid to an assault which caused harm?

Answer 12

(a) Surgical operations;
(b) Dangerous exhibitions (e.g. circus acts);
(c) Properly conducted sport, e.g. boxing and rugby.

Question 13

Criminal conviction in the course of a sporting event is reserved for those situations where the conduct was sufficiently grave to be properly categorised as criminal.

Answer 13

Barnes

Question 14

What six factors did Barnes take into account in discussion of consent to harm in sport?

Answer 14

Type of sport, the level at which it was played, the nature of the act, the degree of force used, the extent of the risk of injury and the state of mind of the defendant.

Question 15

Valid consent requires knowing the nature and quality of the act.

Answer 15

Tabassum

Question 16

Just because a defendant consents to sexual intercourse with a defendant does not mean that they consent to any risk of infection from that sexual intercourse.

Answer 16

Dica and Konzani