AQA A2 Law Unit 3 - Evaluations - Non Fatal Offences

Weaknesses 

• Potential overlap between section 39 and section 47 

Reforms

• Altering Law Commission Report 1993

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 

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 

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 

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Outdated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)