A2 Criminal Law - Oapa1861 | Attempts: 505

1.

What is the Mens rea and Actus reus of a s20 OAPA offence? (there are 2 answers)

A.

To cause GBH which is really serious harm, or to wound
B.

Any assault occasioning ABH
C.

To intend or subjective recklessness to cause some harm, even if it is not serious
D.

To intend, or subjectively recklessly apply unlawful force

Correct Answer(s)
A. To cause GBH which is really serious harm, or to wound
C. To intend or subjective recklessness to cause some harm, even if it is not serious

Explanation
The Mens rea of a s20 OAPA offence is to intend or subjectively recklessly cause some harm, even if it is not serious. The Actus reus is to cause GBH which is really serious harm, or to wound. This means that the offender must have the intention or subjective recklessness to cause harm, even if it is not of a serious nature. Additionally, the offender must cause grievous bodily harm or wound the victim.

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2.

What was the Name of this case: D threw beer over another woman, but the glass slipped out of her hand and cut the other woman on the hand. D said that she only intended to throw beer over the woman, and not to hurt her. She was convicted under section 47 of the OAPA. Intention to apply unlawful force is sufficient for the mens rea of a S47 offence. The prosecution need not prove that D intended or was reckless as to any injury.

A.

T v DPP(2003)
B.

R v Savage (1991)
C.

R v Morrison (1989)
D.

R v Wilson (1997)

Correct Answer
B. R v Savage (1991)

Explanation
The correct answer is R v Savage (1991). In this case, the defendant threw a glass of beer with the intention to harm or cause unlawful force to the victim. Even though the glass slipped out of her hand, causing injury to the victim, the court held that the intention to apply unlawful force was sufficient for a conviction under section 47 of the Offences Against the Person Act. The prosecution did not need to prove that the defendant intended to cause injury, only that she intended to apply unlawful force. This case established the principle that intention to apply force, regardless of the actual harm caused, is enough for the mens rea of a section 47 offense.

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3.

What is the sentence of a s18 OAPA offence?

A.

Five years imprisonment
B.

Up to life imprisonment
C.

Up to 5 years imprisonment and a fine
D.

Up to 6 months imprisonment and a £5000 fine

Correct Answer
B. Up to life imprisonment

Explanation
The correct answer is "up to life imprisonment." This means that the sentence for a Section 18 Offenses Against the Person Act (OAPA) offense can result in a maximum punishment of life imprisonment. This offense is considered to be more serious and carries a higher penalty compared to other options listed, such as up to 5 years imprisonment and a fine or up to 6 months imprisonment and a £5000 fine.

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4.

What is the Actus Reus and Mens rea of S.49 OF ABH?

A.

Actus reus for ABH is any assault or battery occasioning ABH. The mens rea is the same as an assault or battery.
B.

Actus reus for ABH is to wound or cause real harm. the mens rea is the intention to wound
C.

There is no specific mens rea. the Actus reus is wounding
D.

There is no specific actus reus. the mens rea is subjective recklessness

Correct Answer
A. Actus reus for ABH is any assault or battery occasioning ABH. The mens rea is the same as an assault or battery.

Explanation
The correct answer states that the actus reus for ABH is any assault or battery occasioning ABH. This means that any act of assault or battery that results in actual bodily harm would fulfill the actus reus requirement for ABH. Additionally, the answer states that the mens rea for ABH is the same as an assault or battery, meaning that the intention or recklessness behind the act would be the same as those required for assault or battery.

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5.

If D intentionally broke V's leg and arm. what would D be charged with under the CPS charging standereds?

A.

There is no crime
B.

S47OAPA1861
C.

S18OAPA1861
D.

S20OAPA1861

Correct Answer
C. S18OAPA1861

Explanation
D would be charged with s18OAPA1861, which stands for Section 18 of the Offences Against the Person Act 1861. This section deals with causing grievous bodily harm with intent. By intentionally breaking V's leg and arm, D has caused serious harm to V, and the act was done with the intention to cause harm. Therefore, s18OAPA1861 is the appropriate charge in this scenario.

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