Non-fatal OAP And Sexual offences

Question 1

What does the term assault encompass

Answer 1

Technical assault and battery

Question 2

What is technical assault

Answer 2

D does act which causes V to apprehend the immediate application of unlawful violence
D intends or foresees (reckless) V will apprehend

Question 3

What is battery

Answer 3

An act or omission involving physical contact between D and V

D intends or foresees contact with V

Can be indirect
Not necessarily any harm to V

Question 4

What is a defence to assault and battery

Answer 4

Consent:
Freedom
Capacity
Sufficient understanding of nature of act proposed

Question 5

S47 OAPA 1861

Answer 5

ABH- assault (assault or battery) occasioning ABH

MR for assault or battery

Question 6

What is ABH

Answer 6

Any hurt or injury calculated to interfere with health and comfort of V

Includes phychatric conditions but not emotions

Question 7

S20 OAPA 1861

Answer 7

GBH

Wound of inflict GBH with intention to cause some harm

Question 8

What is wounding

Answer 8

Breaks both layers of skin

Doesn’t need to be serious

Question 9

What is GBH

Answer 9

Serious injury
Doesn’t need to be permanent
Could be psychiatric

Question 10

S18 OAPA 1861

Answer 10

4 ways to commit offence:
Wound with intend to cause GBH
Wound with foresight of some harm and intent to resist arrest
Cause GBH with intent to cause GBH
Cause GBH with foresight of some harm and intent to resist arrest

Question 11

What does protection from harassment act 1997 prohibit

Answer 11

Where D follows a course of conduct which D knows or a reasonable person with same info would know would cause alarm, distress or fear to V

S2- harassment incl alarming or causing distress
S2A - harassment through stalking
S4- outing people in fear of violence
S4A - stalking with fear of violence or serious alarm or distress

Question 12

S76 serious crime act 2015

Answer 12

Controlling or coercive behaviour in an intimate family relationship

Question 13

Racial or religious aggravation

Which offences can this give a harsher sentence to

Answer 13

Assault, battery, s47 OAPA, s20 OAPA, or s2 and s4 Protection from harassment act

Question 14

When can you assume V did not consent

Answer 14

When D intentionally decieved V as to nature or purpose of act or impersonated person known to V

A lie is not enough

Question 15

Is consent relevant to under 13 year olds

Answer 15

No liability is strict and consent is irrelevant

Question 16

What must be proved by P for all sexual offences

Answer 16

D did not reasonably believe that V consented

D needs a good reason for thinking V consented

Question 17

What won’t be considered when determining if D had a reasonable belief that V consented

Answer 17

Ds background or mental disorder

Question 18

When is an act sexual

Answer 18

When a reasonable person it so due to nature and/ or circumstances

Question 19

When can we assume V did not consent unless D can prove otherwise

Answer 19

Violence
V was detained and D was not
Unconscious or asleep
Cant communicate consent due to physical disability
Forced to take substance to overpower and D knew

Question 20

Rape

Answer 20

D penetrates with P the VAM
V doesn’t consent
V intends to penetrate and doesn’t reasonably believe V consents

Question 21

Rape of U13

Answer 21

Consent irrelevant
D penetrates with P the VAM
V is under 13
D intends to penetrate

Question 22

Assault by penetration

Answer 22

D penetrates V or A with his body, her body or anything else sexually
V doesn’t consent
D intends to penetrate and doesn’t reasonably believe v consented

Question 23

Sexual assault

Answer 23

D touches v sexually
V doesn’t consent
D intends to touch and doesn’t reasonably believe v consented

Question 24

Sexual activity with a child over 13

Answer 24

Consent irrelevant
D is over 18 and touches v sexually who is 15 or younger
D intended to touch
D lacks reasonable believe that v is 16 or older

Question 25

Causing sexual activity

Answer 25

D causes v to engage in sexual activity B doesn’t consent D intends to cause v to engage and doesn’t reasonably believe v consents

Question 26

Sexual assault of child under 13

Answer 26

Consent is irrelevant D touches V sexually V is under 13 D intends to touch v

Question 27

Assault by penetration of child under 13

Answer 27

Consent is irrelevant D penetrates V or A of V with part of his or her body or anything else and v is under 13 D intends to penetrate

Question 28

Sexual activity with child family member

Answer 28

Consent is irrelevant D touches v sexually V is related to d and v is under 18 D intends to touch D is reasonably expected to know is related D lacks reasonable belief v is 18 or over

Question 29

What is a relation for the sexual offences

Answer 29

Parent, grandparent, brother, sister, half brother, half sister, aunt, uncle, foster parents past or present

Question 30

Sex by penetration of an adult relative

Answer 30

D is aged 16 or older and penetrates Vs V or A with any body part or object or Penetrates Vs m with his P sexually V is aged 18 or over V and D are related D intends to penetrate D is reasonably expected to know they are related

Question 31

Sex by penetration of an adult relative - opposite offence when v becomes D because V allows it

Answer 31

R is aged 18 or over and penetrates Vs V or A with any body part or object or Penetrates Vs m with his P sexually D consents and is reasonably expected to know they are related

Question 32

Assault

Answer 32

common law but charged under s39 CJA 1998. Summary only. Max 6m prison or fine

Question 33

battery

Answer 33

common law but charged under s39 CJA 1998. Summary only. Max 6m prison or fine

Question 34

ABH

Answer 34

s47 OAPA - either way - max 5 years prison

Question 35

malicious wounding or GBH

Answer 35

s20 OAPA - either way - max 5 years prison

Question 36

wounding or causing GBH with intent

Answer 36

S18 OAPA - indictable only - life prison max

Question 37

what is required for s47 ABH

Answer 37

assault or battery causing ABH so causation needed

Question 38

what is ABH

Answer 38

any hurt or injury calculated to interfere with health or comfort of V. need not be serious but also not trifling.

Question 39

can mental harm be ABH

Answer 39

yes with evidence but not just strong emotions

Question 40

MR for ABH

Answer 40

intention or recklessness as to assault or battery (not ABH)

Question 41

what is included in common law assault

Answer 41

technical assault/ simple assault and physical assault/ battery

Question 42

can silence be assault

Answer 42

yes but might need a pattern eg silent phone calls

Question 43

apprehension of unlawful force - assault

Answer 43

this must be immediate. enough that it could occur immediately eg text message or conditional threats.

Question 44

can contact for battery be indirect

Answer 44

yes could be by throwing something or placing something in their way

Question 45

what is GBH

Answer 45

really serious harm

Question 46

what is wounding

Answer 46

breaking both layers of skin to cause bleeding (not internal bleeding or bloodshot eyes)

Question 47

does a wound have to be serious

Answer 47

no

Question 48

what is the MR for s20 wounding or GBH

Answer 48

malicious - intention or recklessness as to causing some bodily harm (ABH) (not GBH)

Question 49

what does malicious mean

Answer 49

intention or recklessness as to causing some bodily harm (ABH) (not GBH)

Question 50

4 ways that s18 OAPA can apply

Answer 50

wound with intent to GBH GBH with intent to GBH wound with intent to resist or prevent arrest GBH with intent to resist or prevent arrest