Offences against the Person Act 1861

There has been much discussion on the Offences against the person act (OAPA) 1861. Many see the act as outdated and clumsy, its wording unclear and as being difficult to explain and prosecute under. The OAPA is used in 100,000 prosecutions every year. The Law Commission has attacked the OAPA for creating constant legal argument and delay because of unclear wording and wasting thousands of pounds in taxpayer's money in appeals. Both the Law Commission and the Government

harm" (Crown, 1861) contrary to section 47 of the Offenses Against the Person Act 1861, is a suitable charge relative to the incident that involved Steven and his girlfriend. According to his account, she stumbled back; fell down the stairs, and hit her head on the floor. The blow knocked her unconscious. The availability of evidence most likely a medical report and a witness will help the prosecutor proves the case of the crime under section 47 of the 1861 Offenses Against the Person Act (The Crown

In 1861, the Offences Against the Person Act (OAPA 1861) was introduced to give distinction between various criminal acts towards other people. However, from its inception it has created the requirements for defences for the numerous offences. One of the most complex of these is the defence of consent, the one to be considered here. With regard to this problem, it is necessary to identify any crime that has been committed, examine how consent will apply and analyse how satisfactory the law is on

Introduction In this assignment, I will be explaining specific elements of non-fatal offence, comparing the elements of two specific non-fatal offences and I will also be evaluating the law and sentencing for each section of non-fatal offences. Types of Non-Fatal Offences 1. Assault 2. Battery 3. Assault occasioning actual body harm (ABH) Section 47 OAPA 4. Inflicting grievous bodily harm or wounding Section 20 OAPA 5. Inflicting grievous bodily harm or wounding with intent Section 18 OAPA Assault

non-fatal offences against the person, including any relevant defences (50 marks) Jonty is likely to liable for an s20 or s18 offence under the Offences against the Persons Act 1861. S20 is the malicious wounding or inflicting GBH with intention or subjective recklessness as to causing some harm, which carries a maximum sentence of five years. This is the same maximum sentence as an s47 offence which can be seen as a problematic area in the law which is in need of reform. Jonty’s act of hitting

injury if they were sent threatening letters over a period of time. The ABH must be caused by an assault. Here the assault would be a technical assault. A technical assault was defined in Fagan [1968] as an act by which the defendant intentionally or recklessly causes another person to apprehend the application to his body of immediate, unlawful force. The AR is to cause the victim to apprehend the immediate application of unlawful force. It is the apprehension that has to be immediate not

What do you consider to be the Strengths and Weaknesses of the British Approach to the Regulation of Abortion? Abortion is a procedure carried out to terminate a pregnancy. In 1967, liberal Member of Parliament David Steel introduced the Abortion Act. This legally permitted abortion to be carried out by a medical practitioner in England, Scotland and Wales (Glennerster 2000). Since the implementation of this policy, numbers of abortion have gradually increased. In 2010 almost two hundred thousand

Report on Non-Fatal Offences This report will be focusing on Non-Fatal offences and the sentences imposed on them. It will be looking at the offences from the Offences Against a Person Act and the Criminal and Justice Act. There are four of these offences; GBH with intent, GBH, ABH, and Assault & Battery. A Non-fatal offence is an offence which does not cause death but harm. Contents: 1.0 Abstract i 2.0

on non-fatal offences is contained in the Offences Against The Persons Act 1861 (OAPA 1861); this is an act that is over 150 years old. After facing much scrutiny from many critics the OAPA 1861 has deemed to be inadequate; leading to the suggestion of a reform to match the twenty-first century. Thus has lead to Draft Bills being set in motion in the 1980’s as well as in 1990’s that attempt to change the act to fit in with contemporary views. Despite those intentions to reform the act, no government

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