OAPA (evaluation)

Question 1

Call for reform

Answer 1

• outdated
• inconsistencies
• no conformity in the correspondence principle
• archaic language

Question 2

Out of date factor

Answer 2

150 yrs old
- no understanding of mental health problems at the time (only mention of bodily harm not mental)

Question 3

Inconsisteny between offences

Answer 3

s.47 has the same MR for assault and battery
s.47 max sentences = 20 yrs and assualt and battery 6 months - unjust
sentence for s.20/47 are the same - 5 yrs
no clear hierarchy of offences
someone causing a small cut can be charged under s.20 instead of ‘occasioning ABH’ under s.47 (small cut isn’t GBH - unjust)

Question 4

Correspondence principle

Answer 4

results that D intends should match the results which occur