ABDULQADIR NAEEM – DENNING LAW SCHOOL
OAPA - ANSWER STRUCTURE
Step 1 – Summarize the facts
If there is one victim then just write down basic facts and thereafter move to charging the defendant. If
multiple victims, then discuss each victim’s injury separately.
Step 2 – See if the injury is serious of less serious
If serious injury
Charge the defendant under Section 18 OAPA and the first issue would be to prove the AR for Section 18
(define from notes). Insert your analysis as to whether the AR is met or not – please remember that issues
of causation come under this section – if one act and one harm just write one line “since there is a single
act of the D leading to the harm, factual and legal causation will be met thereby proving the AR” – if
there are multiple acts leading to one harm then apply the rules of breaking chain and see if causation is
met or not.
After proving the AR, the prosecution needs to be prove the MR (define from notes) – the MR for section
18 is malafide direct intent or intent to prevent arrest (PLEASE REFER TO CLASS DISCUSSIONS ON
THIS). If there is intoxication or automatism issues then have to raise under MR only. If MR is proven
then hold the D liable and then see if there are any issues regarding the defense of consent.
If MR for Section 18 is not proven, then raise the alternate verdict of Section 20 OAPA – first establish
the AR for Section 20 (write down the history and that the word “inflict” was interpreted differently
before but now it’s the same as Section 18 OAPA).
After proving AR, the prosecution needs to prove MR for Section 20 OAPA (define from note) and then
prove it. After this see if there are any issues regarding the defense of consent.
If less serious injuries
If the injuries are less serious than the prosecution would not charge for Section 18 OAPA or Section 20
OAPA. Rather, the applicable charge would be under Section 47 OAPA where we first need to prove that
the defendant has committed either assault (define the AR and MR from notes and prove it) OR battery
(define the AR and MR from notes and prove it) PLEASE REMEMBER YOU HAVE TO PROVE
ASSAULT OR BATTERY (only one) (RAISE DEFENSE OF CONSENT HERE IF THERE IS AN
ISSUE REGARDING THIS) and then we need to prove that the assault or battery led to Actual Bodily
Harm (define from notes) and finally see whether the D’s assault or battery caused ABH which is to
establish the chain of causation (PLEASE REVIEW THE RECORDINGS AND CLASS DISCUSSIONS
ON THIS).
If minor injuries
If the victim has not suffered any gbh or abh and there was just a hostile contact then only charge for
battery and if the defendant only threaten the victim then only charge for assault.