Non-Fatal Offences Against The Person pt.2 : Lesson 11

Question 1

What is Section 47 OAPA ?

Answer 1

Assault Occasioning Actual Bodily Harm

Question 2

Key points on Assault Occasioning Actual Bodily Harm?

Answer 2

• Lowest level injury in Offence Against the Person Act 1861
• Triable either way
• If found liable can receive up to 5yrs prison
• For actus reus assault or battery must be proven to cause actual bodily harm
• Can be charged in there is bruising, hair cutting, loss of consciousness & physciatric harm

Question 3

What is Section 20 OAPA 1861?

Answer 3

Malicious Wounding/ Inflicting Grievous Bodily Harm

Question 4

Key points on Malicious Wounding/ Inflicting Grievous Bodily Harm

Answer 4

• Next offence in seriousness
• Liable for no more than 5yrs imprisonment
• Triable either way
• Wound must break skin, internal bleeding doesn’t count

Question 5

What does ‘maliciously’ mean as mens rea for Malicious Wounding/ Inflicting Grievous Bodily Harm?

Answer 5

• Intention to do particular kind of harm
• recklessness as to whether harm should occur

Question 6

What is the mens rea for Assault Occasioning Actual Bodily Harm?

Answer 6

• Makes no reference as essential element is common assault
• Sufficient for mens rea of S47 offence
• Must be subjective recklessness as to whether victim fears or is subjected to unlawful force

Question 7

What is Section 18 OAPA 1861?

Answer 7

Wounding or Causing Grievous Bodily Harm with Intent

Question 8

Key points on Wounding or Causing Grievous Bodily Harm with Intent

Answer 8

• Much more serious than S20
• Maximum life imprisonment
• Tried on indictment at Crown Court
• actus reus can be wounding or GBH

Question 9

What is the mens rea of Wounding or Causing Grievous Bodily Harm with Intent?

Answer 9

• Proved to intend to do some GBH
• Proved to intend to resist or prevent lawful apprehension or detained of any person
• Maliciously adds nothing to mens rea

Question 10

What is the definition of Section 18 OAPA?

Answer 10

Whosoever shall unlawfully & maliciously by any means whatsoever wound or cause any GBH to a person, with intent to do some GBH, or with intent to resist or prevent lawful apprehension or detainer of any person

Question 11

In a football match B is kicked by R as R tries to get control of the ball. This causes bruising to B’s leg . B is annoyed at this and punches R in the face causing a cut on his lip. What type of offence has been committed ?

Answer 11

B’s punch would be Actual Bodily Harm S47