OAPA

• All Non-fatal offences come under the Offences against a persons act 1861, which is a consolidating act, bringing together all non-fatal offences.
• What are the 5 offences under OAPA 1861?

  1. Assault - Common law offence charged under s.39 CJA 1988 2. Battery - Common law offence charged under s.39 CJA 1988 3. Assault causing actual bodily harm - S.47 OAPA 4. Malicious wounding or Inflicting GBH - s.20 GBH OAPA 5. Wounding or causing GBH with intent - s.18 GBH OAPA
• 1. Assualt - what is the definition of assualt?

  An act which causes the victim to apprehend the infliciton of immediate unlawful force.

  • No touching only the fear of immediate unlawful force
• What is the AR of assualt?

  
  

  An act which causes the victim to apprehend immediate unlawful force.
• What are the 3 Cases for the AR of assualt, and what is their principle?

  1. R v Constanza - words can be verbal or written
  2. Meade v Belt - Words alone are efficent of assault
  3. Tuberville v Savage - Words can negate assault
• What is the MR for assault?

  Intention or recklessness to cause the V to apprehend immediate unlawful force.
• What is the definition case for the MR of assault?

  R v Cunningham
• What is the punishment for assualt and battery, and in which case is it tried?

  6 Months in prison

  £5000 fine

  As this is a summary offence, it is heard in the Magistrates court
• What is Battery?

  Battery is a common law offence charged under S.39 CJA 1988.

  • it involves the lowest level of physical force
• What is the AR for battery?

  The application of unlawful force.
• What 2 cases are linked to the AR of battery?

  1. Collins v Willcock - Slighest touch can be a battery
  2. R v Thomas - The touching of clothes is a battery
• What 2 cases state that the AR of battery can be indirect?

  1. R v Martin - D caused a pile up in a cinema and he had blocked an exit.
  2. DPP v K - Hid acid in hand-dryer, caused explosion.
• What is the MR for battery?

  Intention or recklessness to to apply unlawful force
• What is the definition case for the MR of Battery?

  R v Cunningham
• What is ABH?

  ABH is assault occasioning actual bodily harm.

  It is a statuatory offence charged under s.47 OAPA 1861
• What is the punishment for ABH?

  5 Years Imprisonment - triable either way
• What is the AR of ABH?

  An assualt or battery which causes actual bodily harm
• What are the AR cases for ABH?

  1. R v Miller - Any hurt or injury calculated to interfere with the health and comfort of V.
  2. T v DPP - loss of conciousness can amount to ABH
  3. DPP v Smith - cutting hair amount to GBH
• What case said psychiatric injury can amount to ABH?

  R v Chan-fook
• What is the MR for ABH?

  Intention or recklessness to apprehend immediate unlawful force, or apply unlawful force.

  • Prove the MR for assualt or battery is enough
• What is the definition case for the MR of ABH?

  R v Roberts - D made unwanted advanced to V which caused V to jump out of a moving vehicle.
• What is S.20 GBH?

  Grevious bodily harm

  Triable either way offence

  Carries 5 year prison sentence
• What is the AR of S.20 GBH?

  Wounding or inflict GBH
• What is wounding?

  Wounding is the breaking both layers of the skin.

  • Moriarty v Brooks
• What is inflict GBH? (cases)

  DPP v Smith - Really serious harm

  R v Saunders - Serious harm
• What did the case of R v Brown state about s.20 GBH?

  R v Brown - Injuries that on their own are an ABH, when stacked together can amount to a GBH.
• What did the case of R v Burstow state about GBH?

  Serious psychiatric injury can amount to GBH
• What is the MR for s.20 GBH?

  Intention or recklessness to cause some harm - R v Mowatt
• What is s.18 GBH?

  Considered more serious that s.20 GBH

  Carries discretionary life imprisonment

  Indictable trial in the Crown Court

  Can only be committed with intention and not recklessness
• The AR for s.18 and s.20 are the same, so apply the same cases.
• What new offence comes under 'Causing GBH' under s.18 GBH?

  Resisting lawful arrest
• What is the MR for S.18 GBH?

  Intention to cause some harm - not recklessness
• What case demonstrates resisting lawful arrest?

  R v Morrison - if D intends to resist or prevent arrest or detention then he can be reckless as to whether he causes GBH in doing so.

  • D jump out window when being arrested, officer falls with D.
  • Automatic S.18 GBH as when intending resisting arrest you can be reckless in causing GBH injuries.