Evaluation of Non-Fatal Offences

Question 1

Victorian Act of Parliament - Eval. of NFO

Answer 1

Modern issues that would have never been imagined - Psychiatric harm (Ireland), HIV/AIDS (Dica) - case law helped adapt

Question 2

Language is outdated - Eval. of NFO

Answer 2

Assault, common assault, common assault and battery used interchangeably - maliciously is an outdated word, would infer intent but Cunningham says includes recklessness - case law and Charging Standard explains what these terms mean

Question 3

Structure of Offences is Inconsistent - Eval. of NFO

Answer 3

Does not support the Principle of Fault (should only be liable for the harm dealt) - Mens rea of assault and battery are same as ABH - provides justice for victims where harm was more than D foresaw

Question 4

Sentencing Issues - Eval. of NFO

Answer 4

Sentencing Issues - does not conform to the Ladder Principle (proportionate charge for crime) - Assault and battery have same sentence of 6 months - jumps to 5 years for ABH even though mens rea is the same - judges can use discretion to fit the crime.

Question 5

Cases for assault (actus reus and mens rea) - for Eval. of NFO answer

Answer 5

An act - Logdon
Causes Victim to apprehend unlawful force - Lamb
Immediate - Smith v CC of Working

Mens rea - intention or reckless to cause victim to apprehend immediate unlawful force

Question 6

Cases for battery (actus reus and mens rea) - for Eval. of NFO answer

Answer 6

Unlawful - Pringle
Application - Fagan
Force - Thomas

Mens rea - Intention or recklessness to apply unlawful force

Question 7

Cases for ABH (actus reus and mens rea) - for Eval. of NFO answer

Answer 7

An assault or battery - dealt with above
Occasioning - R v White, R v Kimsey, R v Benge, Jordan,Roberts,Malcherek,Kennedy No.2
ABH - Miller

Mens rea - intention or subjective recklessness to cause the victim to fear unlawful force or be subjected to force.

Question 8

Cases for GBH (actus reus and mens rea) - for Eval. of NFO answer

Answer 8

Actus reus of s.20 and s.18 GBH are the same:

Wounding - Brookes
or inflicting - causation
GBH - Dica

Mens rea of s.20 - Intention or subjective recklessness to cause some harm
Mens rea of s.18 - Intention or subjective recklessness to cause really serious harm