Offences Against the Person Act 1861

Question 1

What is Section 47 Offences Against The Person Act 1861?

Answer 1

Assault occasioning actual bodily harm

Question 2

What type of offence is S.47?

Answer 2

Triable-either-way

Question 3

What is the maximum sentence of a S.47 offence?

Answer 3

Maximum 5 years imprisonment

Question 4

What is the actus reus for S.47?

Answer 4

There must be an assault or battery that causes ABH

Question 5

What was held in T v DPP?
(S.47)

Answer 5

The victim was kicked and momentarily lost consciousness. The defendant was convicted of ABH

Question 6

What was held in DPP v Smith (Michael)?
(S.47)

Answer 6

Cutting a substantial amount of hair off could be ABH. Pain is not always necessary for ABH

Question 7

What was held in R v Chan Fook?
(S.47)

Answer 7

ABH is harm that is more than merely trivial

Question 8

What was held in R v Burstow?
(S.47)

Answer 8

S.20, S.18, and S.47 must be interpreted to include recognisable psychiatric illness

Question 9

What is the mens rea for S.47?

Answer 9

The mens rea for common assault is sufficient
(Intent or recklessness)

Question 10

What is S.20 OAPA 1861?

Answer 10

Malicious wounding/inflicting grievous bodily harm

Question 11

What type of offence is S.20?

Answer 11

Triable-either-way

Question 12

What is the maximum sentence for S.20?

Answer 12

Maximum 5 years imprisonment. The same as S.47 but for a more serious offence

Question 13

What is the actus reus for S.20?

Answer 13

The defendant must wound or inflict GBH

Question 14

What was held in Moriaty v Brookes?

Answer 14

A wound is any cut or break in the continuity of the whole skin

Question 15

What is held in JCC v Eisenhower?
(S.20)

Answer 15

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

Question 16

What was held in R v Bollom?
(S.20)

Answer 16

the COA noted that bruising could amount to GBH

Question 17

What was held in R v Dica?
(S.20)

Answer 17

The defendant was convicted of GBH for infecting people with the HIV virus after having unprotected sex

Question 18

What is the mens rea for S.20?

Answer 18

• Malicious (See R v Cunningham)
• An intention to harm
• Reckless to harm

Question 19

What type of offence is S.18?

Answer 19

Indictable only

Question 20

What is the maximum sentence of S.18?

Answer 20

Life imprisonment

Question 21

What is Section 18 OAPA 1861?

Answer 21

Causing GBH/wounding with intent to do GBH

Question 22

What is the actus reus for S.18?

Answer 22

Wounding or causing GBH

Question 23

What is the mens rea of S.18?

Answer 23

The defendant must have intended GBH. An intention to wound is not sufficient

Question 24

What was held in R v Taylor?
(S.18)

Answer 24

An intention to wound is not sufficient for S.18

Question 25

What was held in DPP v Smith?
(GBH S.20 & S.18)

Answer 25

GBH is ‘really serious harm’