oapa evaluation

Critical analysis of the current law on non fatal offences against the person including desirable reforms.

The OAPA 1861 has been heavily criticised over the years with the law commission 1993 nineteen ninety three noting many aspects of the law are still obscure and its application erratic.

One of the main criticisms is the language used as key words and phrases used in section forty seven, twenty and eighteen are not defined so need to be explained through case law. Assault is used in section forty seven to mean common assault, which may confuse lay people. Also, grievous from section twenty and section eighteen is very outdated and should be replaced with serious harm and maliciously, as defined in Cunningham, should be replaced with intention or recklessness.

Another issue is that wounding is not set out in the act and case law has provided that it means…