Non Fatal Offences Evaluation
- Created by: Scragg
- Created on: 29-04-16 12:05
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- Non Fatal Offences Evaluation
- Issues
- "inefficient as a vehicle for controlling violence"
- Law Commission (Offences Against the Person Act) 1993
- Language
- No definition of wording so case interpretation has led to inconsistent decision making
- Old Fashioned language which is used inconsistently
- Inflict and Caused defined in Ireland and Burstow
- As a result it is easier to convict of a more serious offence than a minor one
- Wounding is not given the normal definition
- Charging Standards state that minor wounds should not be prosecuted but these are not law so can not bind a court
- hierarchy of seriousness
- There is no logical sentencing structure
- HLA Hart as example
- "Principles of justice or fairness between different offenders require morally distinguishable offences to be treated differently and morally similar offences to be treated alike"
- HLA Hart as example
- Cross over between assault, battery and s47
- Sentence for s47 and s20 is the same
- There is no logical sentencing structure
- Mens Rea
- The punishment to the defendant does not match with the state of mind of the defendant at the time of the offence
- Savage; Parmenter established that there is no addiction mens read required for the s47 than for an assault or battery
- Mowatt, Do not need to intend or foresee the wound/ harm, it is enough for them to foresee that some harm might occur
- The punishment to the defendant does not match with the state of mind of the defendant at the time of the offence
- Outdated
- The legislation is a piece of victorian legislation and requires updating to better reflect the views of modern society and to use wording that people understand
- Lord Steyn in Ireland and Burstow: "The Victorian legislator would not have in his mind psychiatric illness
- law was so inefficient in some areas that new legislation had to be passed
- E.G, in relation to stalking Parliament was forced to pass the Protection from Harassment Act 1997 as amended by the Protection of Freedoms Act 2012
- The act has been stretched to deal with situations beyond its Capabilities
- E.G, Dica
- The legislation is a piece of victorian legislation and requires updating to better reflect the views of modern society and to use wording that people understand
- "inefficient as a vehicle for controlling violence"
- Reforms
- All reforms from the Law Commission legislating the Criminal Code: Offences Against the Person and General Principles" 1993
- Assault should be given a statutory definition
- D must foresee the injury but not the battery which caused it
- S47 is to be replaced with a new offence called "Intentionally or recklessly causing injury"
- S20 to be replaced with a new offence, "Recklessly causing serious harm"
- S18 to be replaced with a new offence, "Intentionally causing serious harm"
- Issues with the reform
- Assault is given its layman meaning i.e bot an assault and a battery
- No definition of what serious means
- What would be classed as an injury and what would be classed as an assault
- "Serious" is not given a definition
- Likely to have to go through the courts to define this
- All reforms from the Law Commission legislating the Criminal Code: Offences Against the Person and General Principles" 1993
- Answering as an essay
- ODID Paragraph structure
- O - Outline
- D - Define
- I - Identify
- Discuss
- ODID Paragraph structure
- Issues
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