Non Fatals : OAPA

Question 1

S47

Answer 1

Assault occasioning actual bodily harm

Question 2

AR (s47)

Answer 2

Assault

Occasioning

Actual Bodily harm- an injury that is more than trivial but less than serious harm

Chan fook- psychiatric harm can be deemed ABH

Question 3

What does the case define ABH as? (Miller)

Answer 3

Actual bodily harm is any hurt or injury calculated to interfere with the health or comfort of the victim, that is not transient or trifling

Question 4

Mens Rea

Answer 4

R v Roberts-The mens rea for common assault is sufficient

No need to find MR for ABH

Question 5

S20 OAPA

Answer 5

Intention or recklessness as to causing GBH (some harm) or wounding

Question 6

AR (S20)

Answer 6

1) Unlawful Wounding,or

Break two layers of skin- JCC v Eisenhower

2) Unlawful infliction of GBH

DPP v Smith- GBH is no more and no less than “really serious harm”
R v ireland- S20 offence can be committed without an assault or battery

R v bollom- injuries caused to a child or elderly person will be more serious than the same injuries to a fully fit adult

R v Dica- recklessly transmitting a disease to an unknowing victim was ruled to be inflicting GBH

Question 7

MR(s20)

Answer 7

The wounding or GBH must have been done Maliciously

Cunningham- said that Maliciously meant that the D intended to cause the harm or was reckless as to such harm occurring

Mowatt- the D will be liable under S20 provided that he intended or foresaw “some physical harm to some person, albeit of a minor charecter.

Question 8

S18

Answer 8

Intention or recklessness as to serious harm or wounding or being reckless when such injuries are caused whilst trying resist arrest

Question 9

AR(s18)

Answer 9

Same as S20

D needs cause serious harm or wounding