Non-fatal offences

Question 1

What is S18 OAPA 1861?

Answer 1

Wounding or GBH with Intent

Question 2

What does S20 OAPA 1861 refer to?

Answer 2

Wounding or GBH

Question 3

What is the definition of S47 OAPA 1861?

Answer 3

Assault occasioning actual bodily harm

Question 4

Arrange the following offences in order of severity from highest to lowest: S20 OAPA 1861, Battery, S18 OAPA 1861, Assault, S47 OAPA 1861.

Answer 4

S18 OAPA 1861, S20 OAPA 1861, S47 OAPA 1861, Battery, Assault

Question 5

What is Assault?

Answer 5

Causing another person to apprehend immediate and unlawful personal violence.

Question 6

What are the elements of Assault?

Answer 6

1. Apprehension
2. Immediate
3. Unlawful
4. Personal Violence
5. Intention or reckless as to cause the AR

Question 7

What does Apprehension mean in the context of Assault?

Answer 7

Make the victim anticipate but not necessarily fear immediate and unlawful personal violence.

No need for actual physical contact (Logdon v DPP).

Question 8

Can words alone constitute Assault?

Answer 8

Yes, words alone and silence can be enough.

(R v Wilson, R v Ireland; Burstow)

Question 9

Can words negate an Assault?

Answer 9

Yes, words can negate an assault.

(Tuberville v Savage)

Question 10

What does ‘Immediate’ mean in Assault?

Answer 10

‘Immediate’ does not mean instantaneous; it can include some time not excluding the immediate future.

(Constanza)

Question 11

What does ‘Unlawful’ mean in the context of Assault?

Answer 11

Not done in self-defence or with the victim’s consent.

Question 12

What is meant by ‘Personal Violence’ in Assault?

Answer 12

All the victim has to anticipate is unwanted touch, not psychological harm.

(Ireland)

Question 13

What is the Mens Rea for Assault?

Answer 13

Intention (R v Moloney) or Reckless (R v G) as to cause the Actus Reus.

(R v Venna) - therefore basic intent crime

Question 14

What is the Recklessness test in Assault?

Answer 14

The Recklessness test is established in R v G.

Question 15

What is Battery?

Answer 15

Actual or intended use of unlawful force against another person without their consent.

(Fagan v MPC)

Question 16

What are the elements of battery?

Answer 16

1. The application
2. Of unlawful
3. Force on another
4. WIth intention or recklessness as to the AR

Basic intent crime

Question 17

How can Battery be inflicted?

Answer 17

Battery can be inflicted directly, indirectly, or by an omission.

(Collins v Wilcock, R v Martin, DPP v K, Santana Bermudez)

Question 18

What does ‘unlawful’ mean in the context of Battery?

Answer 18

Unlawful means that the battery isn’t done in self-defence or with V’s consent.

Consent can be express or implied consent to inevitable everyday contact (Collins v Wilcock).

Question 19

What constitutes ‘force’ in Battery?

Answer 19

Force means the merest of touch and doesn’t have to be rude, hostile, or aggressive.

(Collins v Wilcock, Faulkner v Talbot). Touching someone’s clothes is enough (R v Thomas).

Question 20

What happens if the Battery results in harm that is more than trivial?

Answer 20

If the battery results in harm which is more than trivial, the defendant will be liable for the more serious offence under the OAPA 1861, s 47.

Question 21

What are the elements for S47 Assault Occasioning Actual Bodily Harm?

Answer 21

• Assault
• Occasioning
• ABH
• With intention or recklessness as to the AR

Question 22

What constitutes assault in S47?

Answer 22

Assault can be defined as either assault or battery (DPP v Little [1992] and R v Ireland; Burstow [1998]).

Question 23

What is the significance of ‘occasioning’ ABH?

Answer 23

Causation involves factual causation (but for test, R v White) and legal causation (‘operating and substantial cause’, R v Pagett).

Question 24

What is required for legal causation to be substantial?

Answer 24

The cause must be more than de minimis to be considered substantial (R v Hughes).

Question 25

Can S47 be committed through omission?

Answer 25

Yes, it can be committed through omission (DPP v Santana-Bermudez).

Question 26

What is actual bodily harm in S47?

Answer 26

Actual bodily harm is any hurt or injury that interferes with the health or comfort of the victim (R v Donovan [1934]). ## Footnote Need not be seirous but must be more than transient and trifling

Question 27

Does actual bodily harm include psychiatric injury?

Answer 27

Yes, it includes psychiatric injury but not mere emotions such as fear or panic (R v Chan-Fook).

Question 28

What is the Mens Rea for S47?

Answer 28

The Mens Rea involves intent or recklessness as to causing the victim to apprehend immediate and unlawful violence or applying unlawful force upon another. ## Footnote i.e the same as the MR for assault or battery

Question 29

What are the elements of s20?

Answer 29

- Wound/inflict GBH - Intention or recklessness as to causing some harm

Question 30

How is a wound defined?

Answer 30

A wound is defined as a break in the continuity of both layers of the skin (C (a minor) v Eisenhower).

Question 31

What does **infliction** of grievous bodily harm mean?

Answer 31

It is held to mean a **cause** of GBH and does not require an assault to take place.

Question 32

What constitutes grievous bodily harm?

Answer 32

- Grievous bodily harm is defined as really serious harm (DPP v Smith). - Can include psychiatric injury if sufficiently serious (Ireland) - Look at the totality of the injuries (Bollom)

Question 33

What is the Mens Rea for malicious wounding?

Answer 33

The defendant must intend or be reckless to committing some harm (R v Savage; Parmenter).

Question 34

What are the elements for S18 Wounding or causing grievous bodily harm with intent?

Answer 34

- Wound or cause GBH - With intention to cause really serious harm ## Footnote Apply causation. Specific intent crime.

Question 35

What must juries be sure of to find S18 by oblique intent?

Answer 35

1. Serious injury was a virtual certainty as a result of the defendant’s action (objective element). 2. The defendant appreciated that (subjective element).

Question 36

What is the maximum sentence for s47?

Answer 36

5 yrs (either way)