Evaluation

Question 1

The structure of offence A01

Answer 1

Too many narrowly defined offences about same subject
Sections create multiple different offences
No clear structure or hierarchy

Question 2

The structure of offence A03 who

Answer 2

Law com report 2015

Question 3

The structure of offence A03

Answer 3

Need for reform
Needs to be better grading of crimes
A bill was drafted but no progress made.

Question 4

Sentences do not reflect differences A01

Answer 4

The order of grading offences by seriousness is unclear
When clear which offences are more serious, not reflected in sentencing

Question 5

Sentences do not reflect differences A03

Answer 5

s47 and s20 have same sentence
S20 and s18 have majorly different sentences
Common law assault and battery is not in OAPA

Question 6

Issues with Judges making decisions

Answer 6

Takes time
Slow to change
Judges not elected

Question 7

AR language (AO1)

Answer 7

Act uses language not common today
Uses words without clear meaning
Uses words with different meaning in different context

Question 8

AR language (A03)

Answer 8

Law com report reccomends change to reckless instead of malicious
S20 Inflict,S18 cause
Assault is used in three ways

Question 9

How is assault used

Answer 9

Common law
Assault and battery
underlying offences of assault

Question 10

Cases

Answer 10

Dica grievous as disease
Saunders grievous serious harm
Burstow grievous as psychological

Question 11

MR Correspondence principle(A01)

Answer 11

D should not be convicted unless meant to or some risk
S47 ABH uses same MR for common law assault and battery

Question 12

MR Correspondence principle(A03)

Answer 12

Leave judges to interpret
Judges not elected, slow to change, takes long time

Question 13

Cases

Answer 13

Saunders serious harm
Bollom assessed by age and health

Question 14

MR Language(A01 and A03)

Answer 14

s47 ABH has same MR as assault and battery
Unfair that D Cause small cut and can be charged with S20

Question 15

Reforms 1988 OAPA

Answer 15

Should provide clear hiearchy offences from most to least serious
Each ingredient of offence should be set out explicitly

Question 16

Reforms Recommendations

Answer 16

No overlap or inconsistency between offences
AR and MR for each offence is set out

Question 17

ABH Evaluation

Answer 17

5 years max is a big jump from assault and battery
Unequal AR and MR
Definition is common law

Question 18

What is ABH MR

Answer 18

Assault and battery

Question 19

GBH Evaluation s18

Answer 19

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

Question 20

GBH Evaluation s20

Answer 20

same sentence as ABH but more serious
AR and MR not equal

Question 21

Why does GBH 20 not have equal AR and MR?

Answer 21

Only some harm needs to be shown

Question 22

Whats Law Com’s report for GBH 20?

Answer 22

should be 7 years
should be Classified as reckless serious injury

Question 23

Assault evaluation

Answer 23

Common Law
Misused word
6 months is just for scaring
Immediate is iminient is not clear

Question 24

Assault Law com report

Answer 24

suggests to change to ‘threatened assault’

Question 25

Battery evaluation

Answer 25

Common law
6 months is too serious
force is misleading suggests lots of touching when its only minor

Question 26

Battery Law com report

Answer 26

Change to physical assault