A2 Blogspot: A2 Law - Non Fatal Offences Essay.
Question number or Title: Non-fatal offences against the person, as set out in the Offences Against the Person Act 1861, represents “a ragbag of offences brought together form a wide variety of sources with no attempt, as the draftsman frankly acknowledged, to introduce consistency as to substance or as to form” (Prof JC Smith, 1991).The view that the Law on non-fatal offences against the person is not fit for purpose will be discussed throughout this essay. By looking at relevant case law, legislation and judges reasoning we can begin to understand the complexity and practical applications of the law—creating the basis for our discussion.The current law on non-fatal offences is contained in the Criminal Justice Act 2009 (CJA 2009) and the Offences Against the Persons Act 1861 (OAPA 1861). The OAPA has been deemed unsatisfactory, and in 1993 he law commission issued a report on the non-fatal offences and identified both structural and specific aspects of the offences.
Law Commission Report 1993 described OAPA and common assault as “inefficient as a vehicle for controlling violence” where “many aspects of the law are still obscure and its application erratic”. Law on non-fatal offences often criticised for being chaotic, unjust, irrational, outdated and unclear.Consider the criminal liability of Sam, Tony and Nigel for non-fatal offences against the person. 2. The defence of consent in the context of non-fatal offences against the person is applied inconsistently. The situations in which consent may operate as a defence are not properly defined and the public interest in supporting a defence in these.
Outline answers to essay questions. Chapter 2. Actus reus; Chapter 3. Mens rea; Chapter 4. Strict liability Chapter 5. Non-fatal offences against the person Chapter 6. Sexual offences Chapter 7. Homicide I Chapter 8. Homicide II Chapter 9. Inchoate offences Chapter 10. Participation Chapter 11. Theft Chapter 12. Fraud Chapter 14. Defences I.
