Offences Against the Person Act 1861 Flashcards
What is Section 47 Offences Against The Person Act 1861?
Assault occasioning actual bodily harm
What type of offence is S.47?
Triable-either-way
What is the maximum sentence of a S.47 offence?
Maximum 5 years imprisonment
What is the actus reus for S.47?
There must be an assault or battery that causes ABH
What was held in T v DPP?
(S.47)
The victim was kicked and momentarily lost consciousness. The defendant was convicted of ABH
What was held in DPP v Smith (Michael)?
(S.47)
Cutting a substantial amount of hair off could be ABH. Pain is not always necessary for ABH
What was held in R v Chan Fook?
(S.47)
ABH is harm that is more than merely trivial
What was held in R v Burstow?
(S.47)
S.20, S.18, and S.47 must be interpreted to include recognisable psychiatric illness
What is the mens rea for S.47?
The mens rea for common assault is sufficient
(Intent or recklessness)
What is S.20 OAPA 1861?
Malicious wounding/inflicting grievous bodily harm
What type of offence is S.20?
Triable-either-way
What is the maximum sentence for S.20?
Maximum 5 years imprisonment. The same as S.47 but for a more serious offence
What is the actus reus for S.20?
The defendant must wound or inflict GBH
What was held in Moriaty v Brookes?
A wound is any cut or break in the continuity of the whole skin
What is held in JCC v Eisenhower?
(S.20)
The victim was hit in the eye by a shotgun pellet. This did not penetrate the whole eye and as there was no cut, it was not deemed a wound
What was held in R v Bollom?
(S.20)
the COA noted that bruising could amount to GBH
What was held in R v Dica?
(S.20)
The defendant was convicted of GBH for infecting people with the HIV virus after having unprotected sex
What is the mens rea for S.20?
- Malicious (See R v Cunningham)
- An intention to harm
- Reckless to harm
What type of offence is S.18?
Indictable only
What is the maximum sentence of S.18?
Life imprisonment
What is Section 18 OAPA 1861?
Causing GBH/wounding with intent to do GBH
What is the actus reus for S.18?
Wounding or causing GBH
What is the mens rea of S.18?
The defendant must have intended GBH. An intention to wound is not sufficient
What was held in R v Taylor?
(S.18)
An intention to wound is not sufficient for S.18
What was held in DPP v Smith?
(GBH S.20 & S.18)
GBH is ‘really serious harm’
