Evaluation of non-fatal offences Flashcards
Weakness:
Victorian act of parliament
- Not suitable to deal with modern issues
- Originally written as a consolidation act so it is mixed up and confusing (section numbers 18, 20 and 47 instead of 1,2,3 etc)
Counter argument:
Case law has helped the law adapt to new situations
Weakness:
Language is outdated
- Issues with definitions
- Outdated words
- Undefined words
Example:
Wounding is not defined and includes minor breaks in the skin - which isn’t in line with the general understanding of the word.
Counter argument:
Case law and the changing standard explains what these terms mean so we are now clear.
Weakness:
Sentencing issues
- Sentences do not conform to the ladder principle which states that as the offences get more serious the sentence becomes longer.
Example: Assault and battery have the same sentence of 6 months which then jumps to 5 years for ABH despite the mens rea being the same.
Counter argument:
Judges can use discretion to ensure the punishment fits the crime.
Because of all these criticisms a number of attempts have been made to change and reform the law:
Criminal Law Revision committee 1981: published proposals which formed the basis of …..
Law commission report 1993 - which had a draft bill attached which was largely ignored until…
Government draft bill 1998- which was brought before parliament but never enacted into law.
