• Law Criminal Courts
    ). Recklessness itself can been seen in R v Cunningham(1957). The defendant tore a gas meter from wall to attempt to steal money from it, gas seeped through the wall, where the victim was partially asphyxiated. He was charged under s 23 of the Offences Against the Person Act (1861) which provides 'Whosoever...
    Premium 2526 Words 11 Pages
  • Assult
    recklessness as to whether such fear is caused. The test for recklessness is subjective. The Penalty Section 47 of the offences against the persons act 1861 (an assault or battery which causes ABH) carries a maximum of 5 years in prison. Charging standards for this include, minor fractures i.e. broken...
    Premium 472 Words 2 Pages
  • tma03
    : Offences Against the Person Act 1861 Human Immunodeficiency Virus (HIV): Brief definition of HIV How HIV is transmitted Treatment for HIV Discussion of Reading 28: by Ashworth, A. (2003) Principles of Criminal Law, Oxford University Press, pp. 331-7, which relates to principles of consent and...
    Premium 1555 Words 7 Pages
  • Concept of Liability Law as
    , omission: DPP v Santana Bermudez) Mens rea: Intention of, or subjective recklessness as to, applying unlawful force. Injury required: none. Maximum sentence: 6 months of £5,000 fine. Assault occasioning actual bodily harm (ABH) Section 47 of the Offences Against the Person Act 1861. Actus Reus...
    Premium 2128 Words 9 Pages
  • Criminalisation of Hiv Transmission
    relatively low HIV prevalence” using traditional criminal law16 The English Law Prior To the Criminalisation of HIV Transmission Even as at today, there is no English HIV-specific law in operation. The law in operation was, and still is the Offences against the Person Act, 1861 (OPA). Provisions that...
    Premium 5285 Words 22 Pages
  • Non Fatal Reform Law03
    and someone apprehending that he or she is going to be hit. Battery only require the slightest touch by the defendant. However, the modern use of the word suggests that there is a much greater level of harm. There is inconsistency in the words used in the Offences Against the Person Act 1861 because...
    Premium 1012 Words 5 Pages
  • Assault
    against the Person Act 1861. Assault with intent to rob The penalty for assault with intent to rob is provided by section 8(2) of the Theft Act 1968. Racially or religiously aggravated common assault This offence is created by section 29(1)(c) of the Crime and Disorder Act 1998. Racially or...
    Premium 10551 Words 43 Pages
  • Criminal
    ............................................................................................................. 23 Soft Copy................................................................................................................. 24 TABLE OF STATUTES National Lottery Regulations 1994 ……………………………………………………. 7 Offences against the Person Act 1861 ……………………………………………….. 9 Criminal Damage...
    Premium 5083 Words 21 Pages
  • Nvq Providing Security Services
    to a victim. b) Offences against people The Offences against the Person Act 1861 (24 & 25 Vict c 100) is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person (an expression which, in particular, includes...
    Premium 1393 Words 6 Pages
  • Sexual Offences Act 2003
    definition of rape has changed in some way. When rape was first introduced as a statutory offence in the Offences Against the Person Act 1861 it simply stated that ‘it is a felony to rape a woman .’ The Sexual Offences Act 2003 now defines rape as the ‘intentional penetration of the vagina, anus, or mouth...
    Premium 2726 Words 11 Pages
  • Law Unit 03 Aqa
    * Fagan (1968): continuing act Assault occasioning Actual Bodily Harm (ABH): s47 Offences against the Person Act 1861 Assault OR battery AND causing actual bodily harm Assault or battery * Miller (1954): any hurt or injury calculating to interfere with the health or comfort of the victim...
    Premium 2706 Words 11 Pages
  • Theoretical Principle of Criminal Law
    citizen in the country. Some of the examples of statutes enacted by the parliament are such as Offences Against The Person Acts 1861 which consolidated provisions related to offences against the person such as murder, manslaughter and threats to kill; Sexual Offences Act 2003 which governs the sexual...
    Premium 3069 Words 13 Pages
  • Consideration
    sold or used other than for the delectation of members of the group Charges The appellants were tried on charges of assault occasioning actual bodily harm, contrary to s 47 of the Offences against the Person Act 1861, and unlawful wounding, contrary to s 20 of that Act. Verdict The...
    Premium 1341 Words 6 Pages
  • Criminal Law
    “assault occasioning actual bodily harm” contrary to sections 20 and 47 of the offences against the Person Act 1861. The appellants appealed against their convictions, contending that a person could not be guilty of assault occasioning actual bodily harm or unlawful wounding in respect of acts...
    Premium 2225 Words 9 Pages
  • W 100 TMA 01
    ; on a charge of Actual Bodily Harm (ABH), under section 47 Offences Against The Persons Act 1861. All relevant facts will be reviewed and the relevant parts of the Full Code Test; both the evidential and public interest stages, will be applied where necessary. The facts of the the case...
    Premium 1953 Words 8 Pages
  • Sajal
    following conditions have to be satisfied: * There is no previous conviction proved against the offender. * In case the person convicted is a woman of any age, or a man aged below twenty-one years, the offence committed is not punishable with life imprisonment or death penalty. * In case the...
    Premium 2250 Words 9 Pages
  • Offences Against the Person Criminal Law
    In variation with potential criminal liability upon the defendants within the above given case, an apprehensive analysis of sections 18, 20 and 47 under the Offences Against The Persons Act 1861, should be made. In addition, citation should be made to the Criminal Damage Act 1971 and apply the...
    Premium 647 Words 3 Pages
  • R V Davis Harris, Advice to a client (criminal law)
    R v David Harris ADVICE TO A CLIENT This advice is directed to my client, Mr David Harris, on account of two criminal charges put against him. The first charge is for assault occasioning actual bodily harm contrary to s. 47 of the Offence Against the Person Act 1861 The second...
    Premium 971 Words 4 Pages
  • Literal Rule
    acquitted as a dead person is not ‘entitled to vote.’ If the words used in a statute are ambiguous and lead to an absurd outcome, courts are allowed to modify the meaning to avoid the problem; this is known as The Golden rule. In R V Allen (1872), under s.57 of the Offences against the Person Act 1861...
    Premium 444 Words 2 Pages
  • NFO Criticisms
    Non-Fatal Offences Criticisms Essay The majority of non-fatal offences are included in the Offences Against the Person Act 1861 (OAPA) which was described by Professor JC Smith as ‘a rag bag of offences brought together from a variety of sources’. This view is widely shared throughout the...
    Premium 1342 Words 6 Pages