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Offences against the Person (OAPA (1861)) - Summary and Exam Approach £4.99
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Offences against the Person (OAPA (1861)) - Summary and Exam Approach
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High distinction-level notes. A step-by-step summary of how to approach the OAPA question in the BPP GDL Criminal Law exam, in the structure set out by BPP. Outlines key cases and statutory references. Notes written for the exam in June 2018. Includes outline of the actus reus and mens rea requirem...

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  • April 11, 2021
  • 5
  • 2017/2018
  • Other
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OFFENCES AGAINST THE
PERSON
(1) ASSAULT
“Committed when the accused intentionally or recklessly causes another to
apprehend immediate and unlawful personal violence” (Fagan v MPC)

 ACTUS REUS
‘Cause another to apprehend immediate and unlawful personal violence’

(A) APPREHENSION OF PERSONAL VIOLENCE

o Defendant must cause the victim to believe he can and will carry out the
threat of force (R v Lamb - no apprehension in this case as Victim did not believe
the gun would fire).

o If apprehended by the victim, it is irrelevant that the Defendant doesn’t
have the means to carry it out (Logdon v DPP – the gun was incapable of
firing).

o A threat to use force may be of any nature
 R v Wilson – words alone may be sufficient (obiter comment))
 (R v Ireland; Burstow – established that silence is sufficient, thereby
indirectly confirming that words alone will also be sufficient).

o Words may also negate the threat.

(B) MUST BE IMMEDIATE

o Immediate does not mean instantaneous (R v Costanza)

(C) MUST BE UNLAWFUL

o Unlawful means without lawful excuse (e.g. consent / necessity / self-
defence).

 MENS REA
‘Intention or recklessness as to causing the Victim to apprehend immediate and
unlawful personal violence’ (R v Venna).

(2) BATTERY

“The actual application of unlawful force to another person ” (Fagan v MPC)

 ACTUS REUS

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