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OAPA and intent

(18 Posts)
duffybeatmetoit Wed 28-Sep-11 11:50:53

Can any of you legal eagles advise please?

OAPA Section 28 states:
"Whosoever shall unlawfully and maliciously, by the explosion of gunpowder or other explosive substance, burn, maim, disfigure, disable, or do any grievous bodily harm to any person, shall be guilty of felony"

What is the definition of "unlawfully and maliciously"? Does this mean that the person has to have intended to harm someone?

Many thanks.

belledechocchipcookie Wed 28-Sep-11 12:05:40

Yup, that's right. With most criminal law there has to be an intention to cause harm (they call it the mens rea) as well as the act itself (actus rea), the exception is manslaughter where there is no intention for someone to die. Hope this helps.

duffybeatmetoit Wed 28-Sep-11 13:02:29

belle thanks for that. So does that mean if an individual's reckless behaviour directly results in another person being seriously injured that there is no offence committed as there was no intent to harm?

belledechocchipcookie Wed 28-Sep-11 13:09:46

Not necessarily. The CPS would look at it indepth; why would someone carry an explosive with them if it wasn't to harm someone else for example. There's also civil litigation under personal injury; the person harmed through the behaviour could sue. Without knowing all of the facts, it's very difficult to give an accurate idea.

duffybeatmetoit Wed 28-Sep-11 13:29:17

Belle - don't know whether this helps but... Individuals making their own fireworks in a playground left residues behind which ignited when a child subsequently stood on them the following day resulting in serious burns. The individuals knew it was a child's playground and made partial attempt to remove the fireworks.

belledechocchipcookie Wed 28-Sep-11 14:04:41

Ah, Ok. There is a firework act (2003) but it's huge. I imagine it would be an offence under this , sounds like negligence to me though.

belledechocchipcookie Wed 28-Sep-11 14:17:21

There's also this monster

belledechocchipcookie Wed 28-Sep-11 14:22:15

Which is now this

duffybeatmetoit Wed 28-Sep-11 15:26:07

Belle thank you so much - can't tell you how much I appreciate the efforts you have put in to answering my post. I owe you much wine and thanks.

belledechocchipcookie Wed 28-Sep-11 17:44:19

Message withdrawn at poster's request.

prh47bridge Wed 28-Sep-11 17:56:52

I'm afraid this is a real incident which happened to the OP's daughter at nursery. The nursery owner's son was making fireworks in the nursery playground. Take a look at her other threads to learn more.

MOSagain Wed 28-Sep-11 18:02:44

oh how awful, duffy I hope your DD is recovering well x

belledechocchipcookie Wed 28-Sep-11 18:05:57

sad Thanks prh. God, that's really terrible duffy. How on earth can anyone be so stupid. Do you have a solicitor working on your behalf? The Children's Legal centre is very helpful. I don't work in law now so they will be better qualified then me, the law changes so quickly.

duffybeatmetoit Thu 29-Sep-11 10:18:05

MOSagain and Belle. DD is coming on well physically thankyou but it's the psychological side she is having more problems with. We're hoping that because she is only 3 that the care routines we are having to adopt with her skin will become second nature and that she isn't subject to much bullying as she grows older.

I will give the Children's Law Centre a call - we are trying to find a solicitor at the moment.

belledechocchipcookie Thu 29-Sep-11 13:02:33

The Law society have a database of solicitors. Irwin Mitchell are very good also, they have branches everywhere. Do they have a child psychologist at your local hospital? Children are very resiliant, it must be a nightmare for you all though.

MOSagain Thu 29-Sep-11 15:46:37

duffy probably not much comfort to you at the moment but when I was younger (around 2 1/2 - 3 yrs old - don't know exactly) I had an accident which involved a serious injury to my leg. I only remember parts of it now and have lost both parents so can't ask but I was in hospital for quite a while and had a lot of treatment and was left with extremely bad scarring to my lower leg but don't think it affected me too badly and although I still have the scars now (some 40 years later) I don't think I was affected psychologically. I do hope your DD is ok, both physically and mentally.

babybarrister Thu 29-Sep-11 22:28:44

Message withdrawn at poster's request.

duffybeatmetoit Mon 17-Oct-11 22:30:40

Thanks everyone for the advice. The police have recommended that they are charged with possession of an explosive substance other than for a lawful purpose. We are now waiting to hear what the CPS think.

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