Offences Against the Person Act 1861 Flashcards
Conspiring or soliciting to commit a murder, s4 OATP.
- Whosoever shall solicit, encourage, persuade, or endeavour to persuade, or shall propose to any person, to murder any other person, whether he be a subject of Her Majesty or not, and whether he be within the Queen’s dominions or not, shall be guilty of a misdemeanor, and being convicted thereof shall be liable to imprisonment for life.
Indictable; life imprisonment
Manslaughter, s5 OATP.
Whosoever shall be convicted of manslaughter shall be liable, at the discretion of the court, to be kept in penal servitude for life.
Voluntary manslaughter = with intent
Involuntary manslaughter = unlawful and dangerous act manslaughter; gross negligence manslaughter; subjective recklessness manslaughter; corporate manslaughter.
Indictable; life imprisonment
Murder or manslaughter abroad, s9 OATP.
Section 9 of the Offences Against the Person Act 1861 states that ordinarily if a British subject commits murder or manslaughter abroad, they may be tried in England or Northern Ireland.
Provision for the trial of murder and manslaughter where the death or cause of death only happens in England or Ireland, s10 OATP.
Section 10 of the Offences Against the Person Act 1861 provides that where death from murder or manslaughter results in England or Northern Ireland, that was caused elsewhere, then such can be tried in England or Northern Ireland. Equally where murder or manslaughter was caused In England or Northern Ireland, but death occurs elsewhere, then the same applies.
Threats to kill, s16 OATP.
- A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding ten years.
Either way = SUM 6 months, INDI 10 years
Wounding with intent to do grievous bodily harm, or to resist apprehension, s18 OATP.
- Whosoever shall unlawfully and maliciously by any means whatsoever, wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for life.
Indictable; life imprisonment
Inflicting bodily injury, with or without weapon, s20 OATP.
- Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument shall be guilty of a misdemeanor, and being convicted thereof shall be liable to be kept in penal servitude.
Either way = SUM 6 months, INDI 5 years
Attempting to choke, etc, in order to commit or assist in the committing of any indictable offence, s21 OATP.
Whosoever shall, by any means whatsoever, attempt to choke, suffocate, or strangle any other person, or shall by any means calculated to choke, suffocate, or strangle, attempt to render any other person insensible, unconscious, or incapable of resistance, with intent in any of such cases thereby to enable himself or any other person to commit, or with intent in any of such cases thereby to assist any other person in committing any indictable offence, shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for life.
Indictable; life imprisonment
Using chloroform, etc, to commit or assist in the committing of any indictable offence, s22 OATP.
22 Whosoever shall unlawfully apply or administer to or cause to be taken by, or attempt to apply or administer to or attempt to cause to be administered to or taken by, any person, any chloroform, laudanum, or other stupefying or overpowering drug, matter, or thing, with intent in any of such cases thereby to enable himself or any other person to commit, or with intent in any of such cases thereby to assist any other person in committing, any indictable offence, shall be guilty of felony, and being convicted thereof shall be liable […]1 to be kept in penal servitude for life.
Indictable; life imprisonment
Maliciously administering poison, etc, so as to endanger life or inflict grievous bodily harm, s23 OATP.
- Whosoever shall unlawfully and maliciously administer to or cause to be administered to or taken by any other person any poison or other destructive or noxious thing, so as thereby to endanger the life of that person, or so as thereby to inflict upon such person any grievous bodily harm shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for any term not exceeding ten years.
Indictable; 10 years
Maliciously administering poison, etc, with intent to injure, aggrieve, or annoy any other person, s24 OATP.
- Whosoever shall unlawfully and maliciously administer to or cause to be administered to or taken by any other person any poison or other destructive or noxious thing, with intent to injure, aggrieve, or annoy such person, shall be guilty of a misdemeanor, and being convicted thereof shall be liable to be kept in penal servitude.
1 Administering a noxious thing to a person (substance is administered directly i.e. injected),
2 Causing a noxious thing to be administered to any other person (substance is administered by an innocent third party for example), and
3 Causing a noxious thing to be taken by any other person (for example noxious substance is put in food then the food is eaten).
Indictable; 5 years
ABH, s47 OATP.
- Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable to be kept in penal servitude.
Assault and battery.
Either way = SUM 6 months, INDI 5 years
