A2 Criminal Law - Oapa1861

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.

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.

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.

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.

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.