OAPA Flashcards
Intro
What is OAPA? and what are the 4 offences under the act?
All non fatal offences come from Offences against a person act 1861, which is a consolidating act, bringing together all non fatal offences.
- Assault - common law offence charged under s.39
- Battery - common law offence charged under s.39
- ABH s.47
4.GBH s.20/s.18
Common Assault
What is classed as assault?
Include the punishment given.
Assault does not require touching, only the fear of immediate, unlawful force. E.g a threat to punch
assault
What is the AR of Assault?
Refer to Constanza, Ireland, Meade, Smith, Tuberville
Acts or words - ommission is not sufficient
R v Constanza (1997): Words can be verbal or written for an assault - D wrote letters to V
Meade v Belt: Words alone are efficient for an assualt
- Mob threatened to harm a man
R v Ireland (1997): D phoned V and didnt say any words, held silence can be efficient for assualt
**AR: An act which causes V immediate unlawful force
**
Smith v Working Police (1983): Immediate does not mean instantaneous, but imminent (soon), so an assualt can be through a closed window.
- D stared at V through a window
However,
Tuberville v Savage (1669) - Words can negate an assualt, e.g D make threatening movement then says they were joking, or conditional threats.
Assault
What is the Mens Rea of Assault?
Intention to cause another to fear immediate unlawful personal violence, or recklessness as to whether such fear is caused.
The definition case is, R v Cunningham
Battery
What is Battery?
Battery is a common law offence charged under S.39 of CJA 1998
It is the lowest level of physical force, e.g a slap
Battery
What is the AR of Battery?
The application of unlawful force
Collins v Willcock (1984) - Force can be the slightest touch, D was a police officer which restraint a woman without consent, this is necessary for physical contact.
-HC ruled this was battery.
R v Thomas (1985) - Even the touching of V’s clothing can amount to an assault.
Indirect: The application of force does not have to be direct.
R v Martin (1881): D used the fire alarm to apply unlawful force, it was held that this was efficient for battery, as his actions caused injuries.
DPP v K (1990): A school boy caused an explosion in the restroom, acid in the hand dryer, D was held liable for injuries.
Battery
What is the Mens Rea of Battery?
Intention to apply unlawful force to another or recklessness as to whether unlawful force is applied.
R v Cunningham - Definition case
Battery and Assault
What are the punishment of both Assault and Battery?
You may be charged with a £5000 fine
Or 6 Months in prison
ABH
What is ABH? and what is an ABH?
Assault occasioning actual bodily harm
-Found under S.47 OAPA 1861
-Triable either way offence
-Statuatory offence
An ABH is an assault or battery which causes actual bodily harm, with the intention to cause the V fear unlawful force.
ABH
What is the AR of ABH?
Include all cases
Assault or battery which causes actual bodily harm
R v Miller (1954) : D caused a fire in an empty building, and failed to act to stop it, held failure to act when a duty is present can constitute a crime
“any hurt or injury calculated to interfere with the health or comfort of the victim”
T v DPP (2003) : D kicked V which caused V to lose conciousness for seconds.
- loss of consciousness even temporarily can amount to an ABH
DPP v Smith (2006) : Cutting hair amounts to ABH
- D was charged with cutting V’s hair without consent
(Non consentual acts altertering personal autonomy can amount to assault)
R v Chan-Fook (1994) : D caused psychological damage to the victim, due to an altercation
- Phsychiatric injury is also classified as ABH
- Confirmed in R v Burstow
ABH
What is the Mens Rea for ABH?
Intention or recklessness for V to fear immediate unlawful force
‘As long as the prosecution can prove that the D has the MR for assault or battery then there is no need to prove the same for ABH’
R v Roberts (1971) : D made unwanted advances to V, which caused V to jump out of a moving vehicle.
Held, conduct leading to the fear of immediate harm can be assault.
GBH
What is GBH?
GBH is grevious bodily harm, it is a more serious offence than ABH as the degree of injury is higher and the mens rea as to the injury caused.
Found under S.20 OAPA 1861
Maximum sentence of 5 years
What are the 2 offences under s.20 OAPA?
- Wouding (breaking of the skin)
- Inflict GBH (serious bodily harm)
What is a wound?
Means a cut or a break in the continuity of the whole skin
Moriarty v Brooks (1834): A wound means breaking both layers of the skin. Internal bleeding is not sufficient.
JJC v Eisenhower (1983): internal bleeding is not a wound.
R v Wood: Broken bones are not a wound unless skin is broken
What is grevious bodily harm?
DPP v Smith: Really serious harm, but does not have to be life threatening.
R v Saunders: saying to a jury serious harm is sufficent without the word ‘really’.
What are example cases of GBH?
R v Brown and stratton (1998) - Injuries such as bruising, broken nose, missing teeth, and concussion were held to be GBH.
R v Burstow (1997) - serious psychiatric damage is held to be GBH.
R v Dica (2004) - Infecting V with HIV was considered ti be GBH.
What is the MR of S.20 GBH?
Intention only to cause some harm
R v Mowatt (1967) - Only necessary to show that D intended or was reckless in causing some harm, not serious harm.
- D does not have to forsee serious harm.
What is the AR for S.20 GBH?
Wounding or inflicting GBH
1. Wounding is breaking of the skin (Moriart v Brooks)
2. Inflicting GBH is serious bodily harm (Smith or saunders)
S.18
What is S.18 GBH?
Wounding/causing GBH with intent
S.18 GBH is considered to be more serious than S.20 GBH, it carries a discretionary life sentence.
It is an indicatable offence which is tried in the crown court.
It can only be committed with intention, and not recklnessness like s.20.
s.18
What is the AR of S.18 GBH?
- Wounding or
- Causing GBH (and resisting lawful arrest)
The AR for s.20 and s.18 are the same, both use the same application cases.
Confrimed by Lord Hope in R v Burstow, inflict in s.20 and s.18 mean the same thing.
What is the MR of S.18?
Intention only to cause harm
S.18 is a specific intent crime, this means that D must have actual intention.
Used for premeditated attacks, repeated attacks etc.
Outline the offence of resisting unlawful arrest under s.18.
If D intends to resist or prevent arrest or detention then he can be reckless as to whether he causes GBH in doing so.
R v Morrison (1989) - D jumped out a window whilst being arrested by V, caused harm to V recklessly.
- Charged for s.18 GBH you can be reckless here.
