Special Study 2017 - the law commission
- Created by: atp_
- Created on: 07-04-17 12:52
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- Analysis of definition of injury
- Mental
- Recognised psychiatric illness / condition
- not Psychological stress
- Chan Fook
- Maintain current definition
- Disease
- Should not be charged with s.47
- should only be a criminal offence when there is intention
- All cases: Dica, Krozani, and Golding were all reckless
- OAPA 1861 Law Commission comments 2015
- Injury offences and how they differ
- Clause 1
- intentionally causing serious injury - max sentence 7 years
- There's no specific mention of wounding - a wound can either be a serious injury or an injury depending on the facts
- intentionally causing serious injury - max sentence 7 years
- Clause 2
- Recklessly causing serious injury - maximum 7 years
- In the offence of recklessly causing serious injury 'D must foresee the risk of serious injury' (unlike the existing s.20 where it is enough to foresee any injury)
- Recklessly causing serious injury - maximum 7 years
- Clause 3
- Intentionally or recklessly causing injury - maximum 5 years
- The offence under clause 3, unlike 47, does not require an assault / battery to occur - any means of causing injury is sufficient.
- Intentionally or recklessly causing injury - maximum 5 years
- Clause 1
- Main issues about Offences against the Persons Act 1861
- The 1861 Act has been in force over 150 years and has been frequently amended.
- Despite a long history of criticism of many aspects of the act - it remains heavy use : the offences in the Act form the basis of over 26000 prosecutions every year.
- Frequent changes due to the law have left it in coherent and confusing state with more provisions repeated that currently in force
- 1/3 of ABH charges dealt with by the Crown Court are given under 6 months
- Proposed new offences
- 1. intentionally causing serious injury
- (wounding is not included unless the wound is a serious injury)
- Crown Court. Maximum - Life
- 2. Recklessly causing serious injury.
- D must be reckless about the risk of serious injury; wounding is not included unless the wound is a serious injury.
- Either Way offence. Maximum 7 years
- 3. Intentionally or recklessly causing
injury (whether or not by assault)
- D must intend or be reckless about the risk of some injury.
- Either way offence. maximum 5 years
- 3. (recomenned in report but not in the draft bill) Aggravated assault
- includes every physical or threatened assault which in fact causes injury, whether or not D intended or was reckless about injury
- Magistrates maximum 12 months
- 4. Physical assault
- should not be used for cases of low-level injury, as these may be charged as aggravated assault.
- Magistratesmax 6 months
- 4.threatened assault
- Magistrates; 6 months
- Administering a substance capable of
causing injury
- where injury caused, offences under clauses 1 to 3 may also apply. There is also an offence of using a stupefying substance to enable sexual activity, with a maximum sentence of 10 years: Sexual Offences Act 2003
- Either way; 5 years
- 1. intentionally causing serious injury
- Injury offences and how they differ
- Mental
- Untitled
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