Emma's Act Of 'R V. Mowatt'

1. What is the difference between a. and a. Does Emma’s action of throwing the bottle at Orla satisfy the actus reus requirement of an unlawful act under Section 20 of the Offences Against the Person Act 1861 (OAPA 1861)? Section 20 of the OAPA 1861 requires that the actus reus involves an unlawful and dangerous act. An act is “unlawful” if it constitutes a criminal offence and is not legally justified. In R v Mowatt, it was established that an act is dangerous if it poses a risk of harm to another person, judged by a reasonable person. Further, R v Bryson, emphasised that the unlawful act must create a significant risk of harm. Applying this, Emma’s act of throwing a bottle at Orla was driven by anger and lacked any lawful justification, thereby constituting an unlawful act. Even if Emma mistakenly believed that the bottle would only smash on the floor, this does not reduce the inherent danger of her action. The use of a potentially harmful object, like a bottle, underscores the dangerous nature of the act. In conclusion, Emma’s actions satisfy the actus reus requirement as her actions were both unlawful and dangerous. Does Emma’s act of throwing the

(2022) Complete Criminal Law 8th edn. Oxford: Oxford University Press, pp. 113-117. 400-410. The. The Open University (OU) is a university. 2024a. The syllable of the syllable. Unit 13: Non-fatal offences against the person. W111:Criminal law and the courts. Available at: https://learn2.open.ac.uk/mod/oucontent/view.php?id=2220596 (Accessed 5 September 2024) The Open University (2024b). Unit 18: Righting wrongs - double jeopardy. W111: Criminal law and the courts. Available at: https://learn2.open.ac.uk/mod/oucontent/view.php?id=2220607 (Accessed 5 September 2024) The Open University (2024c). Unit 17: Righting wrongs - miscarriages of justice. W111 Criminal law and the courts. Available at: https://learn2.open.ac.uk/mod/content/view.php?id=2220605 (Accessed 5 September