Ao3 Non Fatal Offences

Question 1

Outdated

Answer 1

Non fatal offences was created in 1861 which makes it extremely outdated. This is because it is over 150 years old. Therefore it does not reflect modern society.
However, in cases such as R v Dica judges are making the act reflect modern society by recognising harm can be satisfied biologically. Therefore JP keeps the law up to date.

Question 2

Sentencing

Answer 2

Sentencing in the OAPA is illogical. For example, ABH and GBH.20 both carry the same sentence of 5 years. This is unjust on the victim as GBH.20 would have cause more serious harm to them. Therefore this sends a message out to D to cause GBH.20 rather than ABH as they will serve the same sentence for the harm caused and as a result this does not act as a deterrent.

Question 3

Language

Answer 3

GBH.20 uses words such as ‘malicious’ to help interpret the mens rea to being intention or recklessness. However, the dictionary suggests malicious is some form of ill will. Therefore this may cause an unjust trail for D due to the jury’s interpretation of malicious as they may not think one can be reckless of GBH.20.

Question 4

Inconsistent

Answer 4

ABH.47 has the same mens rea as common assault. This is not justified when considering the difference in sentencing from 6 months for common assault and 5 years for ABH.47.
Furthermore, a small cut is considered GBH as the word ‘wound’ is only defined in GBH.20 and GBH.18. However, there are different levels of wounds.

Question 5

Reforms

Law commissions latest proposals

Answer 5

1. Intentional serious injury (DLS)
   where a person would be guilty if he intentionally caused serious harm to another.
2. Reckless serious injury (7 years)
   where a person would be guilty if he recklessly caused serious injury to another.
3. Intentional or reckless injury (5 years)
   were a person would be guilty if he/she intentionally or recklessly caused injury to another.

Question 6

Law commission reforms cont

Answer 6

Assault where a person will be guilty if he intentionally/recklessly
A) Applied force to or caused an impact on the body of another
B) caused the other to believe any force or impact is imminent
(6 months)