evaluation non fatal offences

Question 1

sentencing structure: for which two offences is the max sentence the same and what is it

Answer 1

ABH and GBH- 5 years

Question 2

sentencing structure: why is it surprising that ABH and GBH have the same max sentence

Answer 2

GBH is clearly supposed to be more serious because GBH requires ‘really serious harm’ whilst ABH only requires ‘some’

Question 3

sentencing structure: what does ABH and GBH having the same max sentence mean

Answer 3

courts cannot give the max sentence for ABH as they will be giving the max sentence for a more serious offence

Question 4

structure of s.20: what two separate offences does s.20 contain

Answer 4

GBH: (really serious harm) DPP v SMITH
WOUNDING: (any breaking of the skin) JCC v EISENHOWER

Question 5

structure of s.20: why does s20 containing GBH and wounding make no sense

Answer 5

there is no logical connection between the two offences. GBH refers to a degree of harm, whereas wounding refers to a type

Question 6

structure of s.20: why is the offence of wounding not needed

Answer 6

a breaking of the skin could be covered by ABH/GBH

Question 7

AR/MR mis-match: what principle do ABH and GBH break

Answer 7

the principle that D should have to at least foresee the level of harm caused to be convicted of a serious offence

Question 8

AR/MR mis-match: how does ABH break the principle that D should have to at least foresee the level of harm caused to be convicted of a serious offence

Answer 8

ABH merely requires that D is reckless as to an assault/battery: SAVAGE v PARMENTER

Question 9

AR/MR mis-match: how does GBH break the principle that D should have to at least foresee the level of harm caused to be convicted of a serious offence

Answer 9

GBH only requires that D is reckless as to ‘some’ harm: MOWATT

Question 10

what was put forward in 1993 in an attempt to remedy these weaknesses in the current law

Answer 10

Law Commission Proposals

Question 11

what did the LCP advise that s18 would be replaced with and max sentence

Answer 11

intentionally causing serious injury- life

Question 12

what did the LCP advise that s20 would be replaced with and max sentence

Answer 12

recklessly causing serious injury- 7 years

Question 13

what did the LCP advise that s47 would be replaced with and max sentence

Answer 13

intentionally/recklessly causing injury- 5 years

Question 14

what did the LCP advise that assault and battery would be replaced with and max sentence

Answer 14

threatened assault and physical assault- 6 months

Question 15

what are the advantages of the law commission proposals (5)

Answer 15

• clear hierarchy
• archaic terms removed
• wounding abolished because it is redundant
• ABH/GBH max sentencing now hierarchical
• MR of ABH and GBH correspond with AR