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Consider whether Barry might be liable if charged under section 47 Offences Against the Person Act 1861
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Criminal Law Coursework 2001-2002
In prescribing a treatment and carrying it out on false pretences, Barry may be liable for charges under section 47 and 20 of the Offences Against the Person Act 1861. In pretending to be a qualified doctor, and in examining the man adds further complications to the scenario, as it identifies some mens rea was present.
(a) Consider whether Barry might be liable if charged under section 47 Offences Against the Person Act 1861
Assault and battery are common-law offences, but the more serious offences against the person are contained in the Offences Against the Person Act 1861 (OAPA).
Section 47 of the OAPA states it is an offence, punishable with imprisonment for a term not exceeding five years for a person to assault another thereby 'occasioning actual bodily harm'. The actus reus1 defines the actual bodily harm as the victim suffering from some injury. The injury need not be serious or life threatening to be liable under s.47 as bruising or abrasions is enough. Actual bodily harm (ABH) also includes psychiatric injuries such as neurotic disorders, which affect the central nervous system, however in court, expert evidence is
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