Is the law on non-fatal offences in need or urgent reform?

The offences against the persons act is a consolidating act which was written in 1861. It is described to be obscure, antiquated and problematic by academics, judges and lawyers. Prof Smith described it to be a ‘ragbag’ of offences. I believe that under the OAPA, the law on assaults under S47,20, and 18 is need of urgent reform.Under S47 of the Offences against the Person Act 1861 actual bodily harm means that this type of assault must include ‘any hurt or injury that interferes with the health or comfort of the victim’. The injuries fall within minor bruising, abrasions, broken nose and unconsciousness for a short period of time, for example in the case T, a youth was chased when he fell to the ground and was left unconscious for 5 minutes. In a case called Smith, a woman’s hair had been cut off and this was found to be ABH due to the interference of her appearance. Psychiatric harm is also recognised as ABH however in the case of Chan Fook where a man stole a ring; he was locked in the cupboard and became traumatised. This was not enough for psychiatric harm.

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