Criminal Law 2000 word assessment - part 2 - Essay Example

Kirk says that he tried to sound the car horn so that they would all jump out the way but that the horn failed to work. Advise Kirk in relation to charges of s18 Offences Against the Person Act 1861, with s20 in the alternative. Advise Sally in relation to s20 Offences Against the Person Act 1861 with s47 in the alternative. Do not discuss any other offences. Under the Offences Against the Person Act 1861 assaults are determined by reference to sections 46, 18 and section 20. Prosecutors will assess the level of the charge in accordance with the seriousness of the injuries of the victim as well as the intention of the defendant.

The lowest of the charges for assault covered by the OAPA 1861 is a s47 assault. This will be charged in circumstances where the victim sustains actual bodily harm1. Section 47 defines actual bodily harm as any hurt that has been calculated to affect the health or comfort of the victim. Under this heading, there is no requirement for the hurt to be permanent but it has to be more than transient and trifling2. Offences charged under this section are classified as either way offences, which means that the matter can be tried in the Magistrates court or the crown court.

The decision for the matter to be referred to the crown court is usually based on whether the prosecution determines that the sentencing powers of the Magistrates would be inadequate. Cases where a s47 have been charged include incidents where the victim has lost or broken a tooth, has suffered a temporary loss of sensory functions which could include losing consciousness3, has received a broken nose or extensive or multiple bruising. A s47 charge might also be brought for minor fractures and cuts as well as psychiatric injury4.

Proof is established applying the test of recklessness5. A higher degree of injury could result in the accused being charged with a s20 assault6. Section 20