S.47, 20 and 18 OAPA

Question 1

What is S.47?

Answer 1

Assault occasioning ABH

Question 2

What is the AR of s.47?

Answer 2

Common assault occasioning ABH

Question 3

What is the MR of s.47?

Answer 3

Intention/recklessness as to assault/battery

Question 4

Injuries from a s.47 offence

Answer 4

Physical + psychiatric. “More than trivial, less than serious.”

Question 5

Max sentence of s.47?

Answer 5

5 years

Question 6

Case describing ‘occasioning’

Answer 6

Factual: But-for (Paggett)
Legal: More than minimal cause of harm (Kimsey)

Question 7

Case explaining ‘actual bodily harm’

Answer 7

DPP v Smith - cutting off a substantial amount of hair = ABH
R v Chan Fook - psychiatric injury = ABH

Question 8

“Any harm/”…

Definition of ABH

Answer 8

ABH includes any harm/injury calculated to interfere with health/comfort of V.

Question 9

Case describing ‘intention/recklessness’

Answer 9

Savage (beer); D was reckless as to the harm occurred to V

Question 10

What is s.20?

Answer 10

Wounding and GBH

Question 11

AR of GBH

Answer 11

Unlawfully/maliciously wounding/inflicting GBH on another with/without a weapon/instrument

Question 12

MR of s.20

Answer 12

Intentionally/recklessly causing some harm

Question 13

Max sentence of s.20

Answer 13

5 years

Question 14

Injuries of GBH

Answer 14

Wounding and/or really serious harm

Question 15

What is s.18?

Answer 15

Wounding and GBH with intent

Question 16

MR of s.18

Answer 16

Intentionally causing GBH

Question 17

Max sentence of s.18

Answer 17

Life imprisonment