OAPA evaluation

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  • Created by: 10dhall
  • Created on: 15-06-17 19:51
What is an issue involving the date?
The statute is outdated, (1861) meaning that the words in the statute are olden words and not used in modern days 'malicious' 'grevious'
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What is an issue with the wording of the statute?
'Grievous' has been interpreted as really serious harm in (DPP v Smith), however malicious has been given a interpretation such as; wicked, evil, hatred when it actually means intention or reckless
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What is another problem to do with misleading language?
'Assault' gives the image of an attack when in law no physical contact is required
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What is a problem to do with the wording in GBH?
'Inflict' has caused the court problems within the two sections because s18 uses 'cause' and s20 uses 'inflict' which sounds worse
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What is the problem with the sentencing?
The sentencing is an issue because s47 and s20 both have a sentence of 5 years and s19 has a life sentence showing massive inconsistency
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What is a problem with how the law has been stretched?
DPP v K - the law has been stretched to cover indirect batteries
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What are the law commission proposals?
Assault would include assault and battery, ABH wouWld be reckless/intentional injury (including mental illness), s20 will be replaced with reckless serious injury with a max of 7 years prison, intentional serious injury would replace s18
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What does the Law Commission state about transmission of disease?
Would only be covered if it is intentional and amount to serious injury
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Tips for the exam?
Suggest a reform, include issues such as the literal rule making the law absurd in some cases
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Other cards in this set

Card 2

Front

What is an issue with the wording of the statute?

Back

'Grievous' has been interpreted as really serious harm in (DPP v Smith), however malicious has been given a interpretation such as; wicked, evil, hatred when it actually means intention or reckless

Card 3

Front

What is another problem to do with misleading language?

Back

Preview of the front of card 3

Card 4

Front

What is a problem to do with the wording in GBH?

Back

Preview of the front of card 4

Card 5

Front

What is the problem with the sentencing?

Back

Preview of the front of card 5
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