Evaluation Flashcards
The structure of offence A01
Too many narrowly defined offences about same subject
Sections create multiple different offences
No clear structure or hierarchy
The structure of offence A03 who
Law com report 2015
The structure of offence A03
Need for reform
Needs to be better grading of crimes
A bill was drafted but no progress made.
Sentences do not reflect differences A01
The order of grading offences by seriousness is unclear
When clear which offences are more serious, not reflected in sentencing
Sentences do not reflect differences A03
s47 and s20 have same sentence
S20 and s18 have majorly different sentences
Common law assault and battery is not in OAPA
Issues with Judges making decisions
Takes time
Slow to change
Judges not elected
AR language (AO1)
Act uses language not common today
Uses words without clear meaning
Uses words with different meaning in different context
AR language (A03)
Law com report reccomends change to reckless instead of malicious
S20 Inflict,S18 cause
Assault is used in three ways
How is assault used
Common law
Assault and battery
underlying offences of assault
Cases
Dica grievous as disease
Saunders grievous serious harm
Burstow grievous as psychological
MR Correspondence principle(A01)
D should not be convicted unless meant to or some risk
S47 ABH uses same MR for common law assault and battery
MR Correspondence principle(A03)
Leave judges to interpret
Judges not elected, slow to change, takes long time
Cases
Saunders serious harm
Bollom assessed by age and health
MR Language(A01 and A03)
s47 ABH has same MR as assault and battery
Unfair that D Cause small cut and can be charged with S20
Reforms 1988 OAPA
Should provide clear hiearchy offences from most to least serious
Each ingredient of offence should be set out explicitly
Reforms Recommendations
No overlap or inconsistency between offences
AR and MR for each offence is set out
ABH Evaluation
5 years max is a big jump from assault and battery
Unequal AR and MR
Definition is common law
What is ABH MR
Assault and battery
GBH Evaluation s18
5 years to life when AR is the same as s20
Grievous is outdated with multiple definitions
Maliciously not needed as a specific intent crime
GBH Evaluation s20
same sentence as ABH but more serious
AR and MR not equal
Why does GBH 20 not have equal AR and MR?
Only some harm needs to be shown
Whats Law Com’s report for GBH 20?
should be 7 years
should be Classified as reckless serious injury
Assault evaluation
Common Law
Misused word
6 months is just for scaring
Immediate is iminient is not clear
Assault Law com report
suggests to change to ‘threatened assault’
Battery evaluation
Common law
6 months is too serious
force is misleading suggests lots of touching when its only minor
Battery Law com report
Change to physical assault
