correspondence principle

• the law comission's report in 2015 also pointed out that the offences in the offences against the person act 1861 do not conform to the correspondence principle
• The correspondence principle stipulates that the results which the defendant intends or foresees should match the results actually occurs / happen. The actus reus and men’s rea should match.
• A defedendant should not be convicted for a kind and level of harm unless they meant to od it or atleat knowingly ran the risk of it.
• Under the offences against the person act 1861, a defendant can be convicted of section 20 without intending or being reckless as to causing harm
• Additionally, a defendnat can be guilty of section 47 of the offences against the person act 1861 without intending or being reckless as to causing harm
• In section 20 of the OAPA 1861, the victim has to suffer serious injury. However, it’s men’s rea stipulates that the D only needs to intend or foresee SOME harm- this can be minor or serious harm
• for section 47 of the OAPA 1861, the actus reus requires some harm however it’s men’s rea doesn’t require the D to intend or foresee ANY harm.