AS Law02 - Offences Against the Person Act 1861

Covers all sections:

  • s47 - abh
  • s20 - gbh
  • s18 - gbh
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  • Created by: Henry Ng
  • Created on: 29-05-12 16:06

Section 47 - Assault occasioning ABH

Section 47 - Assault occasioning ABH - must be more than minimal harm!

Actus reus (AR) -

  • Assault/Battery
  • Causation
  • Harm; not wholly insignificant
    • Smith 2006 (cut ex partners hair)
    • Chan Fook 1994 (theft of fiancees ring)

Mens Rea (MR) - intention or recklessness to assault or battery

  • "maliciously" in mens rea shows intention - Savage 1991
  • Roberts 1971 (sexual advances in a moving vehicle led to V jumping out causing injuries) - injuries were a consequence of D mens rea for battery!

Max sentence - 5 years custodial

Triable - Crown or Magistrates

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Section 20 GBH

Section 20 GBH - serious harm or injury; malicious intent or recklessness needed.

AR - unlawful malicious wounding or inflicting GBH 

  • unlawful
  • wounding - breaking of the skin; JCC v Eisenhower 1984 (air pellet in eye) internal bleeding doesnt constitute as wounding
  • GBH/Serious Harm - combination of injuries result in serious harm - Brown v Stratton 1998 (father and friends beat transexual son/daughter)

MR - Malicious intent or recklessness to case harm

Max sentence - 5 years custodial

Triable - either way; Crown or Magistrates

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Section 18 GBH

Section 18 GBH - serious harm or injury; with full intent

AR - unlawful malicious wounding or inflicting GBH

  • unlawful
  • wounding
  • GBH/serious harm
  • Prevention from lawful arrest

MR - SPECIFIC INTENT to cause GBH; oblique and recklessness are no sufficient

  • Belfon 1976 (slashed victim multiple times with a razor; with full intention)

Max sentence - life in prison (15 years)

Triable - indictable; Crown court!

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