Relationship between s.20 and s.47 OAPA

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  • Relationship between s.20 and s.47
  • In R v Savage, DPP v Parmenter  : The H/L had to consider: 'Is a verdict of guilty occasioning ABH a permissible alternative on a count alleging unlawful wounding contrary to s.20
    • Relationship between s.20 and s.47
    • s.6(3) The Criminal Law Act 1967 - If charged under s.20 and not successful s.6(3) provides capacity to convict with an alternative
      • The H/L affirmed the decision in Metropolitan Police Commissioner v Wilson
        • a) The link between the sections is established if the allegations in the s.20 offence amount to or include an allegation of the s.47 offence
        • b) Wilson rejected the view that 'inflict' formed the necessary linkage between the 2 offences.
        • c) Lord Ackner - by focusing upon the phrase 'by implication' within the brackets in s.6(3), it was simply to be assumed that unless the particular offence involved an extraordinary factual situation inflicting GBH or wounding under s.20 inevitably includes an allegation of assault for the purposes of s.47
          • The effect of this decision as Ashworth points out is : a) if a defendant is charged with a s.20 offence, and b) the s.20 offence can be committed by committing an offence under s.47, and c) if one the evidence the s.47 offence was committed, then the jury can convict the D of the s.47 offence


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