A single offence also replaces assault and battery. It had not been enacted.
To conclude, the OAPA clearly remains to be unsatisfactory on the basis that it is unclear, uses archaic language and is structurally flawed in support to the Law Commissions statement. The OAPA is in need of essential reform and should be replaced with new legislation which addresses the following defects within the act. In Eisenhower  , a wound requires a break in both layers of skin.
H handed C a compass which broke both layers of skin on his finger, therefore C suffered a wound. The next element is causation. BF H handing C the compass, C would not have bled. The next element is whether C suffered GBH which is recognised as serious harm. Did H act recklessly?
Offences Against the Person Act Essay - Words | Bartleby
R v G  conducts a two-stage recklessness test. The first test determines whether H had foreseen the risk of harm. Applying this, H had foreseen the risk of harm of handing C a compass — a sharp object which may cause harm. The second test is whether H acted upon this unreasonable risk? H had acted upon this risk by handing the compass to C causing his finger to bleed. H satisfies both tests therefore, was reckless as to causing some harm to C. H must take C as he found him.
There are no defences. Firstly, C must commit an act causing H to apprehend violence. Did H apprehend immediate violence? In Burstow  the victim may fear the possibility of immediate violence constituting an assault. The final element requires H to apprehend physical violence.
In Collins v Wilcock  , the slightest touch will amount to an assault. H believed physical contact would occur. The victim must believe the defendant will carry out the threat of force. Secondly, H throwing a book at A equates to a threat of immediate violence. Lastly, A believed there would be more than a mere force as he perceived the book to hit him in which he attempts to avoid this contact. H could argue that A running into the bookshelf is a new intervening act in which he would not be liable for his injuries. However, applying Roberts  , these actions will break the COC if they are daft and unexpected.
The next element is whether A suffered ABH. H fulfils the AR and MR and would be guilty of this offence. Firstly, GBH was inflicted onto D. BF the C hitting D with a bat, D would not have suffered a broken skull. C could argue that he did not intend to hit D however in Latimer  the MR to cause harm to one person can transfer onto another.
C is still liable for the injuries inflicted on D. Tabbush, S. The introduction of the upcoming SQE Solicitors Qualifying Examination will almost certainly impact on anyone entering the profession in the next few years and may even shake up the current academic landscape for entry into the profession. Keep up-to-date on the SQE with our legal blog series here.
If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please:. Discover our Law Essay Writing Service. Jurisdiction s : United Kingdom. Important Information for UK Law Students The introduction of the upcoming SQE Solicitors Qualifying Examination will almost certainly impact on anyone entering the profession in the next few years and may even shake up the current academic landscape for entry into the profession.
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Page 1 of 1. Go to first unread. Skip to page:. Report Thread starter 11 years ago 1. Hi all, Can someone please simply and clearly explain to me the differences between all the different non-fatal offences? I just can't seem to get my head around anything further than assault and battery! Thanks in advance for any help. Not what you're looking for? Report 11 years ago 2. IslandLawlord Badges: 0. Report 11 years ago 3. Report 11 years ago 4. Oh, you may wanna add that things said may be decided by the courts to be Battery, as was in the cases in Ireland and Burstow; in which menacing calls causing psychological harm was decided to be mentally injurious to the victim.
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Dannyhamilton12 Badges: 1. Report 3 years ago 6. Hey I appreciate that this was some years ago but i'm doing this at undergrad level, I found this playlist on youtube really helpful, it's very comprehensive for A level and is pretty good for degree level revision as well. Quick Reply. Submit reply.
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