AQA A2 Law Unit 3 - Evaluations - Non Fatal Offences

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  • Created by: Amy
  • Created on: 18-04-14 21:21

Common Assault S39

Weaknesses 

  • Potential overlap between section 39 and section 47 

Reforms

  • Altering Law Commission Report 1993
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ABH S47

Weaknesses

  • Definitions made by case law
  • Easier to prove over S20
  • Sentencing the same as S20 ( 5 Years)

Reforms

  • Altering the MR " Intentionally or Recklessly causing Injury 
  • 5 Year sentence 
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GBH S20

Weaknesses 

  • Definitions made by case law
  • Malicious Wounding - Old Fashioned (Used to cover recklessness)
  • Use of work Inflict narrowed
  • Wounding - Severity of the wound 

Reform

  • Recklessly causing serious injury
  • 7 Year Sentence 
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GBH S18

Weaknesses 

  • Definitions made by case law
  • Use of word ' to cause' widens (Easier to prove than s20)
  • Jump from 5 years to life beacause of the mens rea 

Reform

  • Update language to 'serious injury' to avoid malicious
  • Intentionally cause serious injury
  • Life sentence 
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Overall

Weaknesses 

  • Consolidation as caused chaos (too many conflicting laws)
  • Termonology is outdateded (Changes in languages)
  • Technology is different
  • Drafting errors 
  • Hierarchy (18 below 47, even though more serious)

Language

  • Words used are not defined by statute 
  • Interpreted differently 
  • Causes inconsistentcy and unfair verdicts 

Outdated

  • Lord Steyn - "Victorian legislator would not mond psychiatric mind" allowed now
  • Telephone, text, e-mail not invented (Ireland)
  • Application of psychiartic harm was introduced to convict stalking offences
  • Stretched laws to made them fit cases (Dica
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