OAPA Flashcards
What is the definition of Assault?
An act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused.
What is the definition of Battery?
The application of unlawful force to another person intending either to apply unlawful physical force to another or recklessness as to whether unlawful force is applied.
What is the maximum punishment for Common Assault under s.39 of the Criminal Justice Act 1988?
6 months imprisonment, a fine of £5,000, or both.
What is the Actus Reus (AR) of Assault?
An act or words which cause the victim to apprehend immediate unlawful force.
Can Assault be committed by words alone?
Yes, words alone can be sufficient to constitute an Assault.
What does ‘immediate’ in the context of Assault mean?
It refers to being imminent, not necessarily instantaneous.
What is the significance of R v Constanza (1997)?
It established that extreme silent phone calls could constitute an act of Assault.
What case illustrates that words can negate an Assault?
Tuberville v Savage (1669).
What is the definition of Actual Bodily Harm (ABH) under s.47 OAPA?
An assault or battery which causes actual bodily harm.
In R v Miller (1954), how was ABH defined?
Any hurt or injury calculated to interfere with the health or comfort of the victim.
Is psychological injury considered ABH?
Yes, as per R v Chan-Fook (1994), psychiatric injury can be classified as ABH.
What constitutes Wounding under s.20 of the OAPA?
A cut or break in the continuity of the whole skin.
What is the definition of Grievous Bodily Harm (GBH)?
Really serious harm, as established in DPP v Smith (1961).
What is required for the Mens Rea (MR) of s.20 GBH?
The defendant must intend or foresee some harm; proving intent for serious harm is not required.
What is the primary difference between s.20 and s.18 OAPA?
s.18 requires the specific intent to cause GBH, while s.20 only requires intent or recklessness regarding some harm.
What was established in R v Burstow (1997)?
Decided that ‘inflict’ does not require a technical assault or battery; psychological injury can amount to GBH.
What does the term ‘maliciously’ indicate in the context of GBH?
It equates to recklessness, meaning the defendant foresees a risk and takes it.
What are common examples of Battery?
Slapping, pushing, throwing an object at someone, or any unwanted touching.
What is a key feature of the offences under the OAPA 1861?
The lack of a clear hierarchy and out-of-date terminology.
What is the contemporary issue regarding the OAPA 1861?
The act is widely recognized as outdated and inconsistent in its application.
