Evaluation Flashcards

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1
Q

I- Non fatal offences are defined as..

A

harm or injury to a person but not death.

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2
Q

I-These include..

A

Assault
Battery
ABH
GBH

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3
Q

I- Assault and battery set out…

A

common law

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4
Q

I- ABH and GBH set out…

A

OAPA 1861

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5
Q

1-A01

A

No clear hiearchy
Too many narrowly defined offences
Multiple sections which create offences

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6
Q

1-A03

A

A and B lowest in structure but not OAPA
Create offences such as GBH S18 And S20

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7
Q

1- A03 law commission have said

A

need for reform
better grading of offences

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8
Q

1- Parliment

A

Ragbag of offences
Bill drafted but no progress made

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9
Q

2-A01

A

Hierarchy not consistent
Sentences dont mimic seriousness

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10
Q

2-A03

A

Assault and battery 6 months just for scaring
ABH and GBH S20
GBH S20 and S18

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11
Q

2-Law commission report

A

need for reform
GBH S20 should be 7 years

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12
Q

3-A01

A

Complex words
Outdated words
Ambigious wording

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13
Q

3-A03

A

Assault confused as physical
Malicious is outdated
Assault used in 3 ways
s20 as inflict and s18 as wound

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14
Q

3-Law commission report

A

Assault as threatened assault and battery as physical assault
malicious change to reckless

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15
Q

4-correspondence principle

A

D intended or forsee must match result

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16
Q

4- A01

A

inconsistent
Leave judges to interpret

17
Q

4-A03

A

Grievous different meanings+ cases
s20 guilty without intending
small cut and charged with s20
s47 abh more serious but same mr as assault and battery

18
Q

4-law commission

A

D should not be convicted unless meant some risk