OAPA

Question 1

What is the AR of Section 18 OAPA 1861?

Answer 1

1. To wound or inflict GBH

Question 2

What does to “wound” mean?

Answer 2

To break both layers of the skin (Moriarty v Brooks)

Question 3

What does GBH mean? Which case?

Answer 3

“Really serious harm” R v Smith

Question 4

What is the MR of Section 18 OAPA 1861?

Answer 4

1. Intent to GBH
   OR
2. Recklessness as to ABH in resisting arrest

Question 5

What is the AR of s20 OAPA 1861?

Answer 5

To wound or inflict GBH

Question 6

What is the MR of s20 OAPA 1861?

Answer 6

Intention or recklessness as to ABH

Question 7

What is the AR of s47 OAPA?

Answer 7

1. Simple or physical assault

2. Causing actual bodily harm

Question 8

What is the MR of s47 OAPA?

Answer 8

Intent as to the assault

Strict liability as to the ABH (R v Savage)

Question 9

What is the definition of ABH?

Answer 9

“Such harm that interferes with the health and comfort of the victim” R v Miller

Question 10

What is the AR of a physical assault?

Answer 10

Infliction

Of unlawful personal force

Question 11

What is the MR of physical assault?

Answer 11

Intention or recklessness as to the infliction of unlawful force.

Question 12

Acts or words can be assault and even ABH. Which case?

Answer 12

R v Ireland

Question 13

What is the AR of simple assault?

Answer 13

Acts or words

Which cause the victim to apprehend immediate and unlawful personal force

Question 14

What is the MR of simple assault?

Answer 14

Intention/recklessness as to making the victim apprehend the force.

Question 15

Self defence in reaction to a mistake will still work as a defence. Which case?

Answer 15

R v Williams

Question 16

An honest mistake is a subjective test, but if the defendant is voluntarily drunk, the mistake is only allowed to the extent that the defendant would make it if sober. Which case?

Answer 16

R v O’Grady