OAPA

Question 1

S.39 criminal justice act 1988

Answer 1

Assault/battery

Question 2

What category of offence is assault/battery

Answer 2

Summary

Question 3

What is the maximum sentence for assault/battery

Answer 3

6 months

Question 4

Actus reus assault

Answer 4

Where by an act/words causes V to apprehend immediate and unlawful force

Question 5

What can immediate mean

Answer 5

Imminent

Question 6

What case states immediate can mean imminent

Answer 6

Smith V SWPS

Question 7

Which case states that actus reus of assault can be written

Answer 7

Constanza

Question 8

Which case states that the actus reus of assault can be silent

Answer 8

Ireland

Question 9

Actus reus battery

Answer 9

Where Ds act/omission applies unlawful force to V

Question 10

Which case states that D need not touch Vs body to satisfy the actus reus of battery

Answer 10

Thomas

Question 11

Which case states that the actus reus of battery can be indirect

Answer 11

Haystead

Question 12

Mens rea of assault

Answer 12

Intention/recklessness as to causing V to apprehend immediate and unlawful force

Question 13

Which case supports mens rea of assault and battery

Answer 13

VENNA

Question 14

Mens rea of battery

Answer 14

Intention/recklessness as to applying unlawful force to V

Question 15

S.47 OAPA 1861

Answer 15

Assault occasioning ABH

Question 16

what category of offence is ABH

Answer 16

Either way

Question 17

What is the maximum sentence for ABH

Answer 17

5 years

Question 18

What must the actus reus of ABH first be

Answer 18

An assault/battery

Question 19

What must the assault/battery cause to satisfy actus reus of ABH

Answer 19

Must cause ABH

Question 20

Chan fook (ABH)

Answer 20

The word actual means the injury should not be so trivial as to be wholly insignificant

Question 21

Mens rea ABH

Answer 21

Intention/recklessness as to an assault/battery

Question 22

Case that supports mens rea ABH

Answer 22

Savage v parmenter

Question 23

S20 OAPA

Answer 23

Malicious wounding/GBH

Question 24

What category are malicious wounding/inflicting GBH

Answer 24

Either way

Question 25

Maximum sentence s20

Answer 25

5 years

Question 26

Actus reus wounding

Answer 26

Any breaking of the skin

Question 27

Case to support actus reus wounding

Answer 27

JCC V EISENHOWER

Question 28

Actus reus GBH

Answer 28

'Really serious harm'

Question 29

Case to support actus reus GBH

Answer 29

DPP v smith

Question 30

Which case states that the nature of the victim is relevant in actus reus GBH

Answer 30

Bollom

Question 31

Which case states that several minor injuries can satisfy actus reus of GBH

Answer 31

Brown and Stratton

Question 32

Which case states that actus reus of GBH can be psychological

Answer 32

Burstow

Question 33

What is the Mens rea GBH/malicious wounding defined by

Answer 33

The word maliciously

Question 34

Mens rea wounding/GBH

Answer 34

Must be intention/recklessness that V might suffer some harm

Question 35

Which case supports mens rea wounding/GBH

Answer 35

Mowatt

Question 36

S.18 OAPA

Answer 36

Malicious wounding/GBH, with intent to cause GBH or resist/prevent arrest

Question 37

What category of offence is s18 OAPA

Answer 37

Indictable

Question 38

Maximum sentence s18 OAPA

Answer 38

Life

Question 39

Actus reus of s.18

Answer 39

Same as S.20

Question 40

Mens rea s18

Answer 40

Intention to cause GBH/intention to resist/avoid arrest + recklessness as to GBH

Question 41

Do you have to intenD GBH/malicious wounding upon intending to resist/prevent arrest

Answer 41

No but you must be reckless as to GBH