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Criminal Law eval

Evaluation of the non-fatal offences against the person

QuestionAnswer
disadvantages of the current non-fatal offences archaic terminology, illogical structure and sentencing, offences not classed in order of seriousness, lack of correspondence
advantages of the current non-fatal offences uses case law, overlap in sentencing, lack of correspondence allows ease of conviction
how is the current law on non-fatals outdated? words like assault, malicious, grievous, battery can be misleading to jury, OAPA 1861 - CAN LEAD TO WRONG VERDICT
sentences for the non-fatal offences Ass/Bat - 6m, ABH/GBHs20 - 5 years, GBHs18 - life
what crimes is there a lack of correspondence? ABH/GBH s20
what are some ideas for reform? law com draft bill amended 2015: Threatening, physical and aggravated assault, and clauses 1, 2, and 3
clause 1 AR: causing serious injury MR: intent max sentence: life
clause 2 AR: causing serious injury MR: recklessness max sentence: 7 years
clause 3 AR: causing injury MR: intent/recklessness max sentence: 5 years
aggravated assault AR: physical/threatening assault causing injury MR: ? intent/recklessness as to p/t assault? max: 12 months
physical assault AR: inflicting violence MR: ?intent/recklessness? max: 6 months?
threatening assault AR: causing apprehension of immediate personal violence MR: intent/recklessness? max: 6 months?
what are the objectives/advantages of implementing the law commissions proposal? better structure/sentencing, offences classed in hierarchy for seriousness, modern terminology, correspondence
Created by: Oscar.G
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