Law 03 OAPA

Looks at breaking down information about non fatal offences against the person. So that it is easier to digest.

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The main offences

In ascending order of seriousness 

ASSAULT

BATTERY 

ASSAULT OCCASIONING ACTUAL BODILY HARM (ABH)

MALICIOUS WOUNDING OR INFLICTING GREVIOUS BODILY HARM (GBH) SECTION 20

WOUNDING OR CAUSING GRIEVOUS BODILY HARM WITH INTENT (GBH) SECTION 18

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ASSAULT

SECTION 39 CRIMINAL JUSTICE ACT 1988

AN ACT WHICH CAUSES THE VICTIM TO APPPREHEND THE INFLICTION OF IMMEDIATE UNLAWFUL FORCE WITH EITHER AN INTENTION TO CAUSE ANOTHER TO FEAR IMMEDIATE UNLAWFUL VIOLENCE OR RECKLESSNESS AS TO WHETHER SUCH FEAR IS CAUSED 

RED= ACTUS REUS OF ASSAULT 

BLUE= MENS REA OF ASSUALT 

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BATTERY

SECTION 39 CRIMINAL JUSTICE ACT 1988

THE APPLICATION OF UNLAWFUL FORCE TO ANOTHER PERSON INTENDING EITHER TO APPLY UNLAWFUL PHYSICAL FORCE TO ANOTHER OR RECKLESSNESS AS TO WHETHER UNLAWFUL FORCE IS APPLIED 

RED= ACTUS REUS OF BATTERY

BLUE= MENS REA OF BATTERY 

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S47 OAPA 1861

KNOWN AS "ASSAULT OCCASIONING ACTUAL BODILY HARM" 

CONVICTION RESULTS IN MAXIMUM 5 YEAR PRISON SENTENCE 

KEY ELEMENS ARE 

ACTUS REUS "ASSUALT OCCASIONING ACTUAL BODILY HARM"

MENS REA INTENTION OR RECKLESSNESS (AS FOR ASSAULT OR BATTERY)

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S47 OAPA 1861 THE MENS REA

THE MENS REA 

WILL BE SATISFIED IF D HAS THE MENS REA FOR EITHER THE ASSAULT OR BATTERY 

THEREFORE INTENTION OR RECKLESSNESS

KEY POINT ACCUSED DOES NOT NEED TO INTEND OR FORSEE THE SLIGHTEST BODILY HARM PROVIDED HE INTENDED THE ASSAULT OR BATTERY THAT CAUSED THE HARM (ROBERTS) 

CASES OF 

ROBERTS 

SAVAGE 

PARMENTER 

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S47 OAPA 1861 THE ACTUS REUS

ASSAULT= EITHER ASSUALT OR BATTERY 

OCCASIONING= THE SAME AS CAUSE (ROBERTS)

ACTUAL BODILY HARM= FORM OF PHYSICAL OR PSYCHOLOGICAL INJURY (MILLER) 

CASES OF 

DPPvSMITH

CHAN FOOK 

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S20 OAPA and S18

GBH AN INJURY THAT CAUSES SERIOUS HARM OR MORE THAN ONE MINOR INURY THAT TOGETHER CAUSES SERIOUS HARM 

Actus Reus 

UNLAWFUL WOUNDING (JCCvEISENHOWER 1994)

UNLAWFUL INFLICTION OF GBH (DPPvSMITH) 

Mens Rea 

THE WOUNDING OR GBH MUST BE DONE MALICIOUSLY. MUST INTEND TO INFLICT THE HARM OR SUBJECTIVELY RECKLESS AS TO WHETHER SUCH HARM MIGHT OCCUR (CUNNINGHAM) 

Section 18

MENS REA AND ACTUS REUS ARE THE SAME 

SECTION 18 MUST HAVE INTENTION 

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