Detailed Analysis of the Offences Against the Person Act 1861

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Added on  2023/01/12

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This report provides an analysis of the Offences Against the Person Act 1861 (OAPA 1861), focusing on the legal definitions of assault and bodily harm as outlined in section 47. It examines the elements of Actus Reus (the act itself) and Mens Rea (the mental state) required for an offense. The report analyzes a case study involving a person named Neil and their actions toward Thomas, assessing whether these actions constitute an offense under the OAPA 1861. It also discusses the potential penalties associated with such offenses, including imprisonment. The report concludes by referencing relevant academic sources, including articles by Eugenicos (2017) and Stone (1992), to support its analysis. The report highlights that Neil's actions, while potentially causing psychological harm, may not directly fall under the physical harm criteria of the OAPA 1861, emphasizing the importance of establishing physical harm for a conviction under this act.
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Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION................................................................................................................................3
REFERENCES................................................................................................................................3
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INTRODUCTION
MAIN BODY
As per the sec 47 OAPA 1861, is the offense which is committed when the person intentionally
or recklessly have the assault to another which therefore casualness the actual level of body
harm. As per this act, it must be proved that the assault have actually caused the body harm. As
the there term is ACTUS REUS is considered to be the as the assault, occasioning and actual
bodily harm. On the other hand the MENS REA is the intentions or recklessness as to have
assault or battery.
As per the case study
Nil is trying to stock Thomas by takings the photos and giving him down a varsity of gifts.
Harm- there is no level of physical harm. The person who ever hall be convicted upon the
indictments of any type of the assault should have the occasionally actual body will be syllables
along with keeping it penal servitude. On the other hand the shell be conceitedness upon an
indictment for a common assault shall be liable, at the discretion of the court, to be imprisoned
for any term not exceeding one year, with or without hard labor.
Hence, at last the Neil was treating a psychological pains and injury toward the mind of
the Thomas. As the case as per the sec 47 OAPA 1861 will be treated when the convict try to
have the injury in terms of physically case this will be more added at it has been turn
internationally. At last the activation will by Neil and internationalism so the act sec 47 OAPA
1861 will be misspelled.
CONCLUSION
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REFERENCES
Eugenicos, A.M., 2017. Should We Reform the Offences Against the Person Act 1861?. The
Journal of Criminal Law, 81(1) pp.26-32.
Stone, R., 1992. Reckless Assaults after Savage and Parmenter. Oxford J. Legal Stud., 12 p.578.
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