OAPA Reforms

• What does the term 'maliciously' mean in law?


  It means intention OR recklessness.
• What is the issue with the terms used in sections s47, s20, and s18 of the law?


  They use identical meanings like 'occasioning', 'inflict', and 'cause', causing confusion.
• Why is the wording of the OAPA 1861 considered archaic?


  It has outdated language and little understanding of mental health.
• Which cases improved the understanding of mental health in relation to non-fatal offences?

  Chan Fook [1994] and R v Ireland and Burstow [1997].
• What recent understanding has changed regarding biological diseases in non-fatal offences?


  Biological diseases were not considered a crime until recently.
• What inconsistency exists between the mens rea (MR) for ABH and assault/battery?


  ABH has the same MR as assault and battery, yet sentencing is very different.
• What is the maximum sentence for common assault and ABH?


  Common assault has a maximum of 6 months, while ABH has a maximum of 5 years.
• Why is it problematic that a person causing a small cut could be charged under s20 GBH?


  Because the more appropriate charge would be s47 ABH.
• What is the issue with the maximum sentences for s20 and s47?


  Both have the same maximum sentence despite differing levels of injury and mens rea.
• What does the mens rea for s18 GBH involve?


  It involves 'malicious intent to cause GBH or resist arrest'.
• What is the correspondence principle in relation to non-fatal offences?


  It states that the level of harm intended or foreseen should match the results that occur.
• What is the implication of the current law regarding s20 and s47 in terms of intent?


  Currently, D can be guilty of s20 without intending or foreseeing serious harm.
• What does the Law Commission Report 2015 propose for non-fatal offences?


  • Replace current law with a comprehensive modern statute
  • Clear language and explicit offences
  • Clear hierarchy of offences
  • Proportionate sentences
• What is the maximum sentence proposed for life imprisonment in the Law Commission Report 2015?


  Life imprisonment is the maximum proposed sentence.
• How would the 2015 proposals improve the coherence of non-fatal offences?


  They would provide a coherent set of offences with no overlap or inconsistency.
• What is the proposed penalty for Clause 2 (old s20) in the 2015 proposals?


  The proposed penalty is increased to 7 years.
• What new offence is introduced in the 2015 proposals?


  Aggravated assault as a mid-way point between battery and s47.
• What is an example of a case related to psychological harm in non-fatal offences?


  • R v Ireland and Burstow [1997]: Silent phone calls causing psychological harm.
• What is an example of a case where HIV was considered grievous bodily harm?


  • R v Dica [2004]: HIV can amount to grievous bodily harm.