offences against the person act 1861

Question 1

what is s47 of the offences against the person act 1861?

Answer 1

assault/battery occasioning ABH
its a triable either-way offence
carries a max sentence of 5 years imprisonment

Question 2

what is the actus reus of s47?

Answer 2

assault or battery occasioning ABH

Question 3

break down the elements of the actus reus of s47

Answer 3

-assault/battery = all elements of either must be present
-causes = must cause actual bodily harm, usual rules of causation apply
-actual bodily harm = hurt or injury calculated to interfere with the health or comfort of the victim, doesn’t need to be permanent but shouldn’t be wholly insignificant, can include psychiatric injury and hair cutting

Question 4

what is the mens rea of s47?

Answer 4

intention or reckless as to the assault / battery

Question 5

key cases on s47

Answer 5

-R v Chan-Fook - assault/battery, ABH,
-R v Roberts - causation, MR, jumped out of a car to escape sexual advances

Question 6

what is s20 of the offences against the person act 1861?

Answer 6

lesser offence compared to s18
triable either-way
max 5 years imprisonment

Question 7

what is the actus reus of s20?

Answer 7

unlawfully wound or inflict GBH on another person

Question 8

break down the elements of the actus reus of s20

Answer 8

-unlawfully = the presence of the defence
-wound = a break in the continuity of the skin causing external bleeding
-inflict = cause
-GBH = really serious harm, such as long-term injury or injury requiring extensive treatment

Question 9

what are the 3 additional forms of GBH?

Answer 9

lesser injuries on a more vulnerable person (R v Bollom)
multiple ABH’s (R v Brown and Stratton)
psychiatric injury (R v Burstow)

Question 10

what is the mens rea of s20?

Answer 10

the intention to cause of being reckless as to the causing of some harm

Question 11

what is s18 of the offences against the person act 1861?

Answer 11

more serious than s20
indictable offence
carries a max sentence of life imprisonment

Question 12

what is the actus reus of s18?

Answer 12

the same as s20, just uses ‘cause’ instead of ‘inflict’

Question 13

what is the mens rea of s18?

Answer 13

either intent to cause GBH or intent to resist or prevent the lawful detainer of any person

Question 14

key cases on s20 and s18

Answer 14

-C v Eisenhower - ‘wounding’, air pellet gun, no broken skin
-R v Savage - s20 MR, slipped glass cut wrist