Offences Against the Person Act 1861 Evaluation

Question 1

What is the definition of ABH?

Answer 1

Assault occasioning actual bodily harm

Question 2

What Act and Section is ABH from?

Answer 2

S.47 Offences Against the Person Act 1861

Question 3

What is the POL from R vs Chan-Fook?

Answer 3

Dragged him upstairs = Battery
Jumped out the window = Occasioning
Injuring himself = Further Harm

Question 4

What is the POL from R vs Roberts?

Answer 4

Touched clothes = Battery
Jumped out the car = Occasioning
Injuring herself = Further Harm

Question 5

What is the POL from DPP vs Smith?

Answer 5

Cutting hair can amount to ABH

Question 6

What is the POL from R vs Savage?

Answer 6

She intended to apply unlawful force, and she had the mens rea for Battery which is also sufficient for ABH

Question 7

What is the first AO3 point for ABH in an Offences Against the Person Act 1861 Essay?

Answer 7

Section number issues - why is ABH S.47 and GBH as S.20/S.18 - makes no sense as ABH is a lesser offence but a higher section number and there is no order

Question 8

What is the second AO3 point for ABH in an Offences Against the Person Act 1861 Essay?

Answer 8

ABH has a higher maximum sentence than assault and battery but there is no need to prove further MR for the further harm which is unfair on the defendant

Question 9

What is the definition of GBH?

Answer 9

Unlawful wounding causing GBH with or without intent

Question 10

What is the POL from C vs Eisenhower?

Answer 10

Rupturing of blood vessels internally is not a wound

Question 11

What is the POL from DPP vs Smith?

Answer 11

GBH is ‘really serious harm and is a question of fact for the jury

Question 12

What is the POL from R vs Saunders?

Answer 12

There is no difference between serious and really serious harm

Question 13

What is the POL from R vs Brown and Stratton?

Answer 13

A combination of injuries can amount to GBH

Question 14

What is the POL from R vs Bollom?

Answer 14

The court can take into consideration particular characteristics (Age + Health) to decide if the injuries amount to GBH

Question 15

What is the POL from R vs Burstow?

Answer 15

Psychiatric injury can amount to GBH

Question 16

What is the POL from R vs Dica?

Answer 16

It is possible to inflict biological GBH

Question 17

What is the MR for S.20 GBH?

Answer 17

Without intent/recklessness

Question 18

What is the POL from R vs Cunningham?

Answer 18

Cunningham Recklessness - Did the defendant foresee the risk but take it anyway

Question 19

What is the POL from R vs Mowatt?

Answer 19

Foresight of only some physical harm is required

Question 20

What is the POL from R vs Parmenter?

Answer 20

No intention was established as he didn’t appreciate that any harm was possible

Question 21

What is the POL from R vs Grimshaw?

Answer 21

She had foreseen that he would suffer some harm, but GBH wasn’t her intent/aim/purpose

Question 22

What is the POL from DPP vs A?

Answer 22

Only has to foresee that some harm might occur not that it will occur

Question 23

What is the MR for S.18 GBH?

Answer 23

With intent

Question 24

What is direct intention?

Answer 24

GBH was the defendant’s aim or purpose from their actions

Question 25

What is the test and case for indirect intention?

Answer 25

R vs Nedrick - Nedrick Test - Was GBH a virtual certain consequence of the defendant’s actions

Question 26

What is the POL from R vs Woolin?

Answer 26

Confirmed the Nedrick test

Question 27

What is the POL from R vs Matthews and Alleyne?

Answer 27

Confirmed that the Nedrick test was an evidential test and not proof of intention

Question 28

What is the first AO3 point for GBH in an Offences Against the Person Act 1861 Essay?

Answer 28

Written over 150yrs ago so contains confusing wordings like ‘grievous’ which increases confusion Assault in the ABH definition actually means assault or battery which is confusing but this has been clarified but why not change the wording

Question 29

What is the second AO3 point for GBH in an Offences Against the Person Act 1861 Essay?

Answer 29

Good development to include biological GBH and psychological harm through Burstow and Dica however undemocratic

Question 30

What is the reforms in an Offences Against the Person Act 1861 Essay?

Answer 30

Law Commission 2015 recommended a new OAPA with better and clearer section numbers - include biological and psychological GBH as part of the law and not as mere case law - revised MR of S.20 - improve clarity around the law by removing confusing wording like ‘grievous’ and the different S.20/S.18 wordings Law Commission 2015 recommended that ABH be replaced with clause 3 which updates the language of the AR to causing injury to the victim and the MR would be higher for the further harm