S47 OAPA Test

Question 2

What does S47 OAPA stand for?

Answer 2

S47 OAPA stands for Section 47 of the Offences Against the Person Act.

Question 3

True or False: S47 OAPA deals with assault occasioning actual bodily harm.

Answer 3

True

Question 4

Fill in the blank: S47 OAPA requires proof of __________.

Answer 4

actual bodily harm

Question 5

What is the maximum penalty for an offence under S47 OAPA?

Answer 5

The maximum penalty is five years imprisonment.

Question 6

What type of harm does S47 OAPA address?

Answer 6

It addresses actual bodily harm, which is more than trivial injuries.

Question 7

Multiple choice: Which of the following can constitute actual bodily harm under S47 OAPA? A) A bruise B) A broken bone C) Both A and B

Answer 7

C) Both A and B

Question 8

True or False: S47 OAPA requires the defendant to intend to cause harm.

Answer 8

False

Question 9

What is the mens rea for an S47 OAPA offence?

Answer 9

The mens rea is either intention or recklessness as to causing some harm.

Question 10

Short answer: What is the difference between S47 OAPA and S20 OAPA?

Answer 10

S20 OAPA involves unlawful wounding or inflicting grievous bodily harm, while S47 involves actual bodily harm.

Question 11

Fill in the blank: The term ‘actual bodily harm’ in S47 OAPA includes __________.

Answer 11

any hurt or injury that interferes with health or comfort.

Question 12

Multiple choice: Which of the following is NOT a requirement for S47 OAPA? A) Harm must be actual B) Harm must be permanent C) Harm must not be trivial

Answer 12

B) Harm must be permanent

Question 13

True or False: S47 OAPA can apply to psychological harm.

Answer 13

True

Question 14

What is the key legal test for determining actual bodily harm under S47 OAPA?

Answer 14

The test is whether the harm is more than merely transient or trifling.

Question 15

Short answer: In what year was the Offences Against the Person Act enacted?

Answer 15

1861

Question 16

Fill in the blank: S47 OAPA is often associated with __________ in cases of domestic violence.

Answer 16

assault

Question 17

Multiple choice: Which court case clarified the definition of actual bodily harm? A) R v. Ireland B) R v. Chan-Fook C) R v. Brown

Answer 17

B) R v. Chan-Fook

Question 18

True or False: Consent is a valid defense for S47 OAPA offences.

Answer 18

False

Question 19

What is the relationship between S47 OAPA and common assault?

Answer 19

S47 OAPA is a more serious offence than common assault, which is covered under S39 Criminal Justice Act.

Question 20

Fill in the blank: The prosecution must prove that the defendant acted __________ in relation to the harm caused.

Answer 20

recklessly or intentionally

Question 21

Short answer: Can a person be charged under S47 OAPA for an unintentional act?

Answer 21

Yes, if the act was reckless.

Question 22

Multiple choice: Which of the following is an example of actual bodily harm? A) A headache B) A cut requiring stitches C) Feeling sad

Answer 22

B) A cut requiring stitches

Question 23

True or False: S47 OAPA applies only to physical injuries.

Answer 23

False

Question 24

What is the significance of the case R v. Miller in relation to S47 OAPA?

Answer 24

It established that psychological harm can be considered actual bodily harm.

Question 25

Fill in the blank: The actus reus of S47 OAPA is __________.

Answer 25

causing actual bodily harm.