Evaluation of Non-Fatal Offences

Question 1

What are the problems regarding the law on non-fatal offences?

Answer 1

They are out of date, there’s inconsistencies between offences, they breach the correspondence principle and the language is old and overcomplicated.

Question 2

Evaluate the law on non-fatal offences being out of date, specifically regarding mental harm.

Answer 2

• People did not have the same understanding of mental health problems.
• Only refers to ‘bodily’ harm.
• It was unsure if the offences could include those who suffered mentally.
• If D causes mental harm he can be convicted under 1861 OAPA.

Question 3

What cases held the meaning of ‘bodily harm’ included injury to mental health?

Answer 3

Chan Fook (1994) and Burstow (1997).