OAPA 1861

• Offences against the Persons Act 1861
• S.47 is an either way offence found under S.47 of the Offences against the Persons Act 1861 (OAPA 1861).
• Definition of ABH- S. 47 of the OAPA 1861 defines ABH as intentionally or recklessly commits an assault occasioning actual bodily harm.
• Occasioning means to cause
• R v Savage held that S.47 covers both assault and battery.
• ABH

  First part of the legal test. Did D commit an assault or battery?
• ABH

  Second part of the legal test-Did V suffer from actual bodily harm?
• ABH

  Third part of the legal test- is D the factual and legal cause of the consequence?
• ABH

  Final part of the legal test-Did D have the Mens Rea for S.47 ABH which is intention or recklessness to apply force.
• S.20 of the Offences against the persons Act 1861 (OAPA 1861) is an offence if D intentionally or recklessly inflicts (causes) wounding OR the infliction of GBH on any person either with or without an instrument
• S.20

  First part of the legal test- Did D commit an unlawful malicious wounding OR the infliction of GBH ?.
• as a wound as a cut of both layers of skin, bleeding beneath the skins surface will not do, blood must be drawn
• S.20

    Second part of the legal test-Was the wounding or GBH unlawful?
• S.20

    Third part of the legal test-Was D the cause of the wound or GBH/serious harm?
• S.20

       Final part of the legal test-Does D have the mens rea for the wound or GBH/serious harm?
• S.18 offence under the Offences Against the Persons Act 1861 is; Unlawful and malicious wounding or the infliction of GBH with intent to any person or with the intent to resist or prevent arrest.
• S.18  is a crime of specific intent therefore an indictable offence
• S.18

  1.      First part of the legal test-is there a wound or GBH
• S.18

  Second part of the legal test-was the wounding or GBH unlawful?
• S.18

        Third part of the legal test-is D the factual and legal cause of the wound or GBH/serious harm?
• S.18

       Fourth part of the legal test-Did D have specific intent to wound or commit GBH/serious harm? Or intent to resist or prevent an arrest?