Which statute and section creates the offence of assault occasioning actual bodily harm?

Section 47 of the Offences Against the Person Act 1861.

Which statute and section creates the offence of malicious wounding or inflicting grievous bodily harm?

Section 20 of the Offences Against the Person Act 1861.

Must the prosecution prove a technical assault or battery to establish 'inflicting' GBH under section 20?

No, inflicting GBH under section 20 does not require proof of a technical assault or battery.

Which statute and section creates the offence of wounding or causing grievous bodily harm with intent?

Section 18 of the Offences Against the Person Act 1861.

Define 'actual bodily harm'.

Any hurt or injury calculated to interfere with the health or comfort of the victim, which need not be permanent but must be more than merely transient or trifling.

OCR A-Level Law H418

Civil Courts and Other Forms of Dispute Resolution

Topic overview Civil courts: jurisdiction, procedure and appeals Employment tribunals and alternative dispute resolution

Criminal Courts and Lay People

Topic overview The criminal process and classification of offences Appeals and appellate courts Sentencing and the powers of the courts Lay magistrates Juries: selection, role and evaluation

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Rules and Theory of Criminal Law

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General Elements of Criminal Liability

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Fatal Offences Against the Person

Topic overview Murder Voluntary manslaughter Involuntary manslaughter Defences and evaluating fatal offences

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Protection of the Individual’s Human Rights and Freedoms in the UKHuman rights

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Key Provisions of the European Convention on Human RightsHuman rights

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Non-Fatal Offences Against the Person

Actual bodily harm, wounding and grievous bodily harm

2 things to know
Component 1

Overview

Recall questions on sections 47, 20 and 18, on what counts as a wound, and on the different mens rea each requires.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

Why do mere emotions not amount to actual bodily harm, when psychiatric injury can?

Key term

Does the defendant need to intend or foresee actual bodily harm to be guilty under section 47?

Questions from this subtopic

Each one with the model answer underneath.

1
Which statute and section creates the offence of assault occasioning actual bodily harm?
Model answer
Section 47 of the Offences Against the Person Act 1861.
2
What underlying offence must be established as part of the actus reus of section 47?
Model answer
An assault or a battery.
3
Which statute and section creates the offence of malicious wounding or inflicting grievous bodily harm?
Model answer
Section 20 of the Offences Against the Person Act 1861.
4
Must the prosecution prove a technical assault or battery to establish 'inflicting' GBH under section 20?
Model answer
No, inflicting GBH under section 20 does not require proof of a technical assault or battery.
5
Which statute and section creates the offence of wounding or causing grievous bodily harm with intent?
Model answer
Section 18 of the Offences Against the Person Act 1861.
6
Define 'actual bodily harm'.
Model answer
Any hurt or injury calculated to interfere with the health or comfort of the victim, which need not be permanent but must be more than merely transient or trifling.

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