Themes of an evaluation question: fit for purpose, up to date/out of date, just
or unjust, effective or ineffective, balances principle of law and public
interest, satisfactory or unsatisfactory, consistent or inconsistent, fair or
unfair, based on sound moral principles.
AO1 - explain the law, 8 marks, AR and MR of the offence including cases.
AO3 - evaluate the law, 12 marks, marks are achieved by explaining the
criticisms of the law and proposals for reform. Needs to include 4-5 well
developed points and there must be a conclusion.
General criticisms:
Not a coherent whole, it is part statute and part common law.
The OAPA was passed in 1861, so it is very outdated. Frequent amendments
over the last 150 years have left the act in a confusing and incoherent state, it
has had more sections repealed than there is currently in force. It includes
now obscure offences including s.17 obstructing a person trying to save
themselves from a shipwreck.
Assault and battery:
Confusing language, assault is perceived by the public to be a physical
attack,when in reality there is no contact needed for an assault. It is the
apprehension of force and can be words alone, and even silence.
Battery is also perceived to be much worse when it can just be the slightest
touch (Collins v Wilcock) or just touching clothes (Thomas).
S.47 ABH:
Archaic, outdated language, including occasioning, “bodily” suggests
physical, but it can include psychological harm (Chan Fook).
The AR and MR do not correspond, the MR is only needed for the assault, no
MR towards injury (Savage).
or unjust, effective or ineffective, balances principle of law and public
interest, satisfactory or unsatisfactory, consistent or inconsistent, fair or
unfair, based on sound moral principles.
AO1 - explain the law, 8 marks, AR and MR of the offence including cases.
AO3 - evaluate the law, 12 marks, marks are achieved by explaining the
criticisms of the law and proposals for reform. Needs to include 4-5 well
developed points and there must be a conclusion.
General criticisms:
Not a coherent whole, it is part statute and part common law.
The OAPA was passed in 1861, so it is very outdated. Frequent amendments
over the last 150 years have left the act in a confusing and incoherent state, it
has had more sections repealed than there is currently in force. It includes
now obscure offences including s.17 obstructing a person trying to save
themselves from a shipwreck.
Assault and battery:
Confusing language, assault is perceived by the public to be a physical
attack,when in reality there is no contact needed for an assault. It is the
apprehension of force and can be words alone, and even silence.
Battery is also perceived to be much worse when it can just be the slightest
touch (Collins v Wilcock) or just touching clothes (Thomas).
S.47 ABH:
Archaic, outdated language, including occasioning, “bodily” suggests
physical, but it can include psychological harm (Chan Fook).
The AR and MR do not correspond, the MR is only needed for the assault, no
MR towards injury (Savage).
