A2 Criminal Law - Oapa1861
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Questions on non fatal offences against the person - unit 4 AQA
- 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
- 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)
- 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
- 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
- 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
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