Criminal Law Coursework Clarification

Hi all,

I'm not going to bother copy and pasting the entire question I just want to clarify something.

"Discuss the potential criminal liability of Bob and Terry under the
Offences Against the Person Act 1861 and under the Criminal Damage
Act 1971 as appropriate. "

Since common assault and battery are no longer under the OATPA would I start with assault occasioning actual bodily harm and mention that the mens rea is the same as for battery under the Criminal Justice Act?

Cheers.

Hi all,

I'm not going to bother copy and pasting the entire question I just want to clarify something.

"Discuss the potential criminal liability of Bob and Terry under the
Offences Against the Person Act 1861 and under the Criminal Damage
Act 1971 as appropriate. "

Since common assault and battery are no longer under the OATPA would I start with assault occasioning actual bodily harm and mention that the mens rea is the same as for battery under the Criminal Justice Act?

Cheers.

there is no definition of mens rea of battery in the Criminal Justice Act, Criminal Justice Act simply makes intention, a form of mens rea, a question of fact which is to be decided by the jury, you don't need to write about the CJA at all.

Some offences in the OAPA require to establish the common law assault and battery in the first place, before the full offence in the OAPA can be established. If the common law assault and battery are required in the statute, you must establish them and then go and consider the other elements of the statute. But not all of the sections require common law assault and battery, if the section you need doesn't require this, analyse it straight without going to common law... is this clear?

there is no definition of mens rea of battery in the Criminal Justice Act, Criminal Justice Act simply makes intention, a form of mens rea, a question of fact which is to be decided by the jury, you don't need to write about the CJA at all.

Some offences in the OAPA require to establish the common law assault and battery in the first place, before the full offence in the OAPA can be established. If the common law assault and battery are required in the statute, you must establish them and then go and consider the other elements of the statute. But not all of the sections require common law assault and battery, if the section you need doesn't require this, analyse it straight without going to common law... is this clear?

I have a quick question which is similar ..

If A hit D over the head with a steel pole after being chased for being a supporter of the opposition. A aimed for his shoulder but struck him on the head and he dies.
A was frightened the two men that chased him would attack him ..

Do you know of anything that would say A lacked the necessary intention/mens rea for murder????


Any help would be much appreciated!