OAPA II - Reform Flashcards
What does Section 47 of the OAPA 1861 pertain to?
Assault occasioning actual bodily harm.
What are the offences covered under Section 20 of the OAPA 1861?
Inflicting grievous bodily harm or wounding.
What is the focus of Section 18 of the OAPA 1861?
Causing grievous bodily harm with intent.
What unique offence is outlined in Section 17 of the OAPA 1861?
Impeding a person endeavoring to save themselves from shipwreck.
Which sections of the OAPA 1861 deal with offences involving attempts to choke or use chloroform to commit indictable offences?
Sections 21 and 22.
What does Section 23 of the OAPA 1861 criminalise?
Malicious administration of poison.
What types of offences are covered under Sections 28 to 30, and 31 to 34 of the OAPA 1861?
Offences involving gunpowder and railways, respectively.
What is the offence described in Section 35 of the OAPA 1861?
Injuring persons by furious driving.
What are the key issues identified by the Law Commission in its call for reform of offences against the person?
Outdated language, piecemeal development, and lack of coherence and understandability in the current statute.
-Starts with the most serious then goes to the least serious - should be the other way around.
What does the Law Commission propose in its recommendations for reforming offences against the person?
A new structure for offences against the person, aiming to clarify and simplify the law, making it more reflective of modern values and understanding of harm and consent.
What stance does Alexandra-Maria Eugenicos take on the relevance of the OAPA 1861 in contemporary society?
Critiques the OAPA 1861’s relevance, arguing for reform to align with contemporary legal practice.
What is Jeremy Horder’s perspective on non-fatal offences against the person, as discussed in the Oxford Journal of Legal Studies?
Advocates for substantial reform to address the Act’s shortcomings, focusing on contemporary understandings of harm and consent.
What challenges and prospects for statutory reform of offences against the person are highlighted by Matthew Gibson in the Criminal Law Review?
Discusses legislative inertia(Refusal or inability to change) and potential pathways forward for implementing statutory reform.
