Assault Occasioning Actual Bodily Harm (Section 47 OAPA)

Decent Essays
Harry an eighteen year old University Student of previous good character has been arrested on suspicion of assault occasioning Actual Bodily Harm (ABH) contrary to section 47 Offences Against the Person Act 1861. (OAPA). It is alleged Harry pushed Rob during an argument who then stumbled cutting his hand on broken glass. He then required hospital intervention to treat that injury.
Harry rejects the accusation he is responsible stating that he was jostled by a person unknown accidentally stumbling into Rob recklessly. Eye witnesses have given statements to the police stating harry was the perpetrator.
All options available to Harry will be examined with criminal liability and a conclusion with any realistic prospect of conviction.
Common assault and battery is contrary to section 39 Criminal Justice Act 1988. (CJA) The offence is committed when a
…show more content…
Sentencing guidelines are available to the CPS with individuals aged eighteen years and over.
The difference between section 39 CJA and section 47 OAPA is the level of physical injury sustained and likely sentence imposed. Section 47 OAPA is a triable either way offence with a maximum penalty of five years imprisonment on indictment.
Any sentence imposed on conviction will depend on the previous character of the defendant and severity of the crime. Was it aggravated with malicious intent, does it serve the public interest as a deterrent with rehabilitating the offender, was a guilty plea recorded?
To enable Harry to be charged the Crown Prosecution Service (CPS) will need to satisfy both mens rea and actus reus with the two part prosecutors code test. That being the evidential and public interest stage. The evidential stage must establish criminal liability or the case withdrawn. If that evidential test is passed it will always be in the public interest to prosecute if personal injury is
Get Access