Criminal law

Question 1 ‘The Offences Against the Person Act 1861 is widely recognised as being outdated. It uses archaic language and … [t]he structure of the Act is also unsatisfactory; there is no clear hierarchy of offences and the differences between the three most commonly prosecuted offences (under sections 18, 20 and 47) are not clearly spelt out’. Evaluate the Law Commission’s statement, discussing whether the current law on non-fatal offences against the person is satisfactory. Question 2 Hamish is sitting late at the library with his friend, Callum, studying for an upcoming math’s exam. Callum asks to borrow the compass. Hamish hands it over to Callum. As Callum reaches to collect it, the compass pricks him on the finger. Due to Callum suffering from haemophilia (a disorder which impairs his ability to make blood clots, a process needed to stop bleeding), Callum suffers heavy bleeding. Callum can see the librarian looking in their direction. “If it wasn’t for the librarian, I would take out my cricket bat and whack you on the head with it” Callum whispers to Hamish. Hamish looks at him with unease and then continues to study. Callum walks out of the library to tend to his bleeding finger. Alban walks in. Alban and Hamish have not seen eye to eye ever since Alban dumped Hamish’s sister. Hamish decides that now is his opportune moment to get revenge on Alban for breaking up with his sister. He picks up a heavy algebra book and throws it at Alban. Alban tries to get out of the way, however he hits his head on a bookshelf. He suffers a bruise on his forehead. The books misses Alban. Callum walks back in and sees Alban hiding behind the bookshelf. Callum takes out his cricket bat from its case and aims it at Alban’s head. Alban realises what is happening and ducks down. The bat hits Douglas, who is standing close by, hard on the head. Douglas suffers a broken skull. Please advise the defendant(s) on the following issues (in no particular order); (i) Assault occasioning actual bodily harm; (ii) Assault; and (iii) GBH and/or wounding. To answer this you should follow the IDEA/IRAC structure used to answer a problem question.