OAPA Flashcards
Assault elements
Intentionally or recklessly causes another to apprehend immediate and unlawful personal violence = Fagan
Battery elements
Intentionally or recklessly applies unlawful force to the complainant = Willaims
AR for assault
Conduct = Ireland - silence + Constanza - spoken or written words
Causation
Apprehend = Lamb + Longdon - doesn’t matter is D can carry it out + Smith v Superintendent - doesn’t matter if V doesn’t know what is next
Immediate = Savage
Unlawful = Collins v Wilcock - no valid defence
Personal Violence = Brown
MR for assault
Intention or reckless
R v Venna - recklessly
G and R test
AR for battery
Conduct = Collins v Wilcock - any touching
+ Can be indirect = Fagan - car, Martin - iron bar, DPP v K - hand dryer
Unlawful = Collins v Willcock
Force = any touching [C v W] and not necessarily hostile [Talbot], but physical contact needed [Ireland]
MR for battery
Intentionally or recklessly
R v Venna - reckless - G and R tets
AR for ABH
s.47 [p.3] A or B that occassions [causation] ABH
Assault = ‘intentionally, or recklessly, causes another to apprehend immediate and unlawful personal violence’ [Fagan]
Battery = ‘intentionally or recklessly, applies unlawful force to the complainant’ [Williams]
ABH = any hurt [Miller], Chan-Fook = recognised psuciatric injury, Taylor - unconciousness
MR for ABH s.47
MR for assault or battery – so, intention or recklessness (Venna) [G and R test]
= R v Savage
AR for GBH s.20
unlawful, wound, or inflict GBH, intentionally or reckless as to some harm = s.20
Unlawful = no excuse [Collins v Wilcocks]
Wound = break in skin [Eisenhower]
Inflict = Martin - indirect + causation
GBH =
DPP v Smith = really serious, Take into account the characteristics of V = Bollom, Don’t need to cause great pain = Meachem - e.g. loss of consciousness = Hicks + Chan-Fook - psyciatric injury
MR for GBH s.20
unlawful, wound, or inflict GBH, intentionally or reckless as to some harm [G and R test]
Intentional or Reckless to some harm [Parmenter]
– Obvious and serious risk = Brady
– Mowatt = risk and act don’t have to be aimed at V directly
AR for s.18 GBH
wounding with intent to GBH [or resisting arrest] = s.18
Unlawful = Collins v Willcocks
Wound = break skin - Eisenhower
Causation
GBH =
DPP v Smith = really serious, Take into account the characteristics of V = Boland, Don’t need to cause great pain = Meachem - e.g. loss of consciousness = Hicks
MR for GBH s.18
INTENT only
Taylor confirms Bryson = reckless is not enough
Consent
The Basic Rule – you can consent to assault or battery but not ABH or higher = Collins v Wilcock
The General Rule – you can consent to ABH+ of the activity you are participating in is within a legally exempted category [playing/fighting, sport, sexual activity (not sado-masochism), accidential harm, reckless to STIs, not body modification
Exempted catagories
- playing - ‘rough and undiciplined play’ = Aitken
- sport = Barnes
- sexual activity = Wilson
- accidental harm = Slingsby
- reckless transmission of STI = Dica + Konzani
vs. not an exempted catagory: - prize fighting= Coney
- Sado-masochism = Brown
- Intentional infections of STIs = Rowe [Dica consent to unprotected is no GBH as risking GBH vs. Konzani D knew of infection]
- Body modification = R v BM
Essay Questions
Advantages and Disadvantages of OAPA
- Brown vs. Wilson both on harm from sexual activity but different decisions
- archacic language and outdated offences
- vs. in practice they work, people know that it is a crime to hit someone
- Dica and Konzani = where V consents to unprotected sex they are running the risk of an STI, so D will not be convicted of ABH or GBH, unless intention infection [R v Rowe], or a precondition to consent was established [R(F) v DPP, but preconditions have to be explicit – Lawrence + RvB] = controversial as harm has occured
