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Analysis of Offences Against the Person Act - Case Study Example

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This paper "Analysis of Offences Against the Person Act" discusses the full range of offences under the OAPA 1861. To determine the charges that can apply under the Offences Against the Person Act 1861 will involve examining the charging standards set by the CPS and the level of injury…
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Analysis of Offences Against the Person Act
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Download file to see previous pages She suffered sleeplessness and panic attacks after this and was diagnosed with reactive depression. She told her brother, Ian, who saw Boris in the local pub and threw his beer glass into Boris’s face. The glass broke and Boris lost the sight in one eye as a result. Explain what non-fatal offences may have been committed here. It is also necessary to consider the Sexual Offences Act 2003 as the act of the hypnotist could be regarded as a sexual1.

The most minor assault is common assault as described by s39 Criminal Justice Act 1988. Under s39 an assault is committed if a person assaults another or commits a battery. An assault has been defined as when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force2. A battery is when a person intentionally and recklessly applies unlawful force3. S39 assaults are dealt with as a summary offence. Sometimes common assault can be indictable if the requirements of s40 Criminal Justice Act 1988 are met. If the courts are satisfied that the assault amounts to a battery then the correct charge would be an assault by beating4.

s39 can be distinguished from s475 by the degree of injury. Those charged under s47 OAPA are likely to receive higher sentences than those charged under s39 CJA. The Code for Crown Prosecutors assesses the factors that will influence the decision of whether to charge at the highest level or whether a lesser charge is more appropriate. Generally grazes, scratches, abrasions and minor bruising, as well as swellings, reddening of the skin, superficial cuts and a black eye, will be s39. The courts have also recognised harassment and psychiatric harm caused by nuisance calls as falling within the remit of an assault charge[1].   ...Download file to see next pagesRead More
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