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Offences Against the Person Act 1861 Revision Sheet

S47 OAPA
S47 states that
hosoe er shall e o i t ed o i di t e t of a
shall e lia le for i priso e t for o ore tha

assault o asio i g a tual odil har
ears
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Actus reus
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Assault
Occasioning
Actual bodily harm

Assault
The ter assault u der s 7 refers to a assault or atter a ordi g to the pri iples
stated under s47
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O asio
appears to mean the same as cause and thus the normal rules of causation apply, as
confirmed in Roberts (1971) when V jumped from a moving car to escape the fear of sexual
assault
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This then appears to show that
occasion is the same as causation
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This can be very minor, as in

of ph si al or ps hologi al harm

Miller 1954 - here a tual odil har
as said to e a hurt of i jur al ulated to
interfere with the health or comfort of V that is not transient or trifli g
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Mens rea

Offences Against the Person Act 1861 Revision Sheet

The combined House of Lords appeal Savage; Parmenter 1991 confirms that the mens rea of
assault/ battery is sufficient to establish the mens rea of a s47 offence
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Roberts 1971 – confirms that the mens rea for s47 is the same as assault and battery – there
is no requirement for mens rea in respect to the intention or foresight of the injury caused
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This offence carries the same maximum sentence of 5 years as s47 and is also triable either
way
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I ter al
bleeding is not sufficient
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Grievous bodily harm
DPP v Smith 1961 – GBH

ust e o

ore a d o less tha reall serious har ;
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I fli t should mean the same as cause
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Brown and Stratton 1998 – several minor injuries together can amount to GBH
Dica 2004 – recklessly transmitting sexual diseases to an unknowing victim can be treated as
GBH

Offences Against the Person Act 1861 Revision Sheet

Maliciously
This shall mean either intentionally or being subjectively reckless to the harm caused by the
act
Mens rea
The a tus reus ust e do e ali iousl , ut it as confirmed in Cunningham 1957 that
this means intention as well as subjective recklessness
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S18 OAPA
S18 provides that,
hosoe er shall unlawfully and maliciously by any means whatsoever wound or cause GBH
to any person ith the intent to do GBH, or have intent to resist arrest in doing so, shall be
lia le for i priso e t for life
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It does also
include the wounding or causing GBH when resisting arrest
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Recklessness is
not sufficient for a s18 offence
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When considering s18 and resisting arrest, the mens rea is simply to resist arrest
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This is that same level of
mens rea required for s20, as in Morrision 1989
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The virtual certainty test will be applied as in Nedrick
1986 where if the D foresaw that GBH was a virtually certain result of his act then he will be
liable

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