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Evaluation of Non Fatal Offences - Coggle Diagram
Evaluation of Non Fatal Offences
INTRODUCTION
Chaotic, unjust,irrational.outdated, uncleear
R V Lynsay: Lord Justice Henry: 'is yet another example of how bad laws cost money'
Professor J.C Smith described it as 'a rag-bag of offences brought together in dire need of reform'
Offences Against the Person Act 1861 (OAPA)
LANGUAGE
Assault
Language is codified and no uniformity which can cause problems for jury people.
Definition of assault uses apprehend=unfamiliar to the public.
Immediate means right now or at some point in the future= confusing for public to understand.
ABH
Actual (used in ABH S47: thought to mean real but means 'hurt or injury calculated to interfere with health or comfort.
bodily harm misleading as can also apply to psychological harm. Chan Fook.
GBH
Malicious-S20- used to describe malice or intent but means 'intention or recklessness'
Grevious- used as bad or severe but means 'really serious harm'
Wounding- means severe harm caused to a person- but could be poking someone with your finger
SENTENCING
HLA Hart 'might bring the law into disrepute'
max sentence for ABH and GBH S20 is the same yet one is about interfering with comfort and the other is really serious harm.
The difference between battery and ABH is unclear and yet the sentencing implications are immense with one having a 12 month max sentence and the other having a 5 month.
Only 23% of offenders prosecuted under S18 are eventually convicted.
Response to these reforms
Many saw improvements but left criticism.
Feel new S47 ABH offence should be divided into two seperate offences with different sentences.
Definition of injury is vague.
There is no specific reform of the llaw relating to infecting other with a disease which currently falls under S20 GBH as biological GBH.
Reforms
1998 Home Office Bill.
Intentionally causing serious injury [S18] max of life
Physical assault [battery] max of 6 months
Recklessly causing serious injury [currently S20 GBH] max of life
Intentionally or recklessly causing injury [S47 ABH] max of 7 years
Aggravated assault [new offence between high level assault/battery + low level ABH] max 12 months
Threatened assault [assault] max 6 month sentence.