CRIMINAL LAW- non fatal offences (evaluation)

Question 1

what are the 6 reasons for eval?

Answer 1

1.no stat definition for assault/battery2.assault= immediate3.oapa=outdated4.cja and oapa s.47 unfair5. distinction of seriousness6.no distinction btw

Question 2

1. what does it mean my no stat def for assault/battery?

Answer 2

general meaning-no stat def for a/b e.g case fagan v mpc- just recognised under cja and left to common law

Question 3

no stat definition for assault/battery- why is it bad that it is left to common law?

Answer 3

causes confusion & lack parliament certainty

Question 4

what is the however of no stat definition for assault/battery?

Answer 4

common law help keep offences up to date saves time for parliament

Question 5

what does it mean with 2.assault= immediate? & def too long

Answer 5

-threat need =immediate= gap in law- so if assault today tommorow cause stress but not valid - if def too long atleast its accurate ar and mr

Question 6

what does it mean with 3.oapa=outdated

Answer 6

-oapa most serious but 160 yrs old and lang outdated-‘malicioys ‘grievious s.20’

Question 7

however with 3.oapa=outdated?

Answer 7

case law flexible enough to modify to keep up to date e.g grevious= serious in dpp v smith

Question 8

what does it mean with 4.cja and oapa s.47 unfair?

Answer 8

-abh will small harm = 5 yrs = unfair-if injury jumps to oapa e.g scratch= prison

Question 9

however with 4.cja and oapa s.47 unfair?

Answer 9

jury tend to downgrade if unfair for abh to secure conviction, and judges wont do max sent of 5 yrs unless serious

Question 10

what does it mean with 5. distinction of seriousness?

Answer 10

injuries for s.20 more serious that s.47 but same sentence= prblematic

Question 11

however with 5. distinction of seriousness?

Answer 11

in practice judge pass lesser sentence and only max sent for really serious

Question 12

what does it mean with no distinction between crimes?

Answer 12

no distin btw serious and minor crimes s.20 s.18

Question 13

however with distinction btw crimes?

Answer 13

cps guidlines to suggest minor cuts abh and serious with substantial loss s.20/18

Question 14

reform of non fatal?

Answer 14

respond to issues mentioned

Question 15

who said that law should be reformed?

Answer 15

criminal law revision comittee in 1980

Question 16

what were proposals then incorporated into?

Answer 16

draft codes prepared by the law commission.

Question 17

what was stated in report?

Answer 17

1)language in act complicated and old fash2)structure is complicated3)mistakes bound to result in light of above

Question 18

bill removes terms?

Answer 18

grevious,wounding,

Question 19

bill removes terms?

Answer 19

grevious bodily harm,wounding and malicious in favour of serious injury

Question 20

s.18 changed to?

Answer 20

intentionally causing serious injury as proving wounding was harder , problem overcome but still life sentence

Question 21

s.20 changed to?

Answer 21

recklessly causng injury and 7 yrs sent and take way pain with s.20 and s.47

Question 22

s,47 changed to?

Answer 22

i/r causing injury removing need of assault and carry 5 yr sentence