Evaluation Of Non- Fatals

Question 1

Common law definition/ GBH case law application

Answer 1

Judges going against SEPARATION OF POWERS, undermines “so one does not have too much power” Monstequinn.
Reform: list of injuries so do not overlap roles

Question 2

Max sentences

Answer 2

-Assault same as battery 6 months- SEPARATE ACTS
-ABH same sentencing as S20 GBH- S20 MAX 7 YEARS
Undermines severity of the crimes, compare definitions and how the sentence does not show a clear distinction leading to injustices as sentence doesn’t match crime

Question 3

Wording

Answer 3

Immediate assault:
introduces subjectivity which means different outcomes
Force battery:
ABH any hurt or injury (AR miller)
GBH grievous and malicious
REFORM: CLEAR WORDING

Question 4

Confusion on meanings

Answer 4

Assault: may not know they’re committing - overwhelms courts
REFORM: “verbal assault”
Battery: minor touchings count + indirect -overwhelms courts
REFORM: “physical assault”
GBH: minor wounds count- overwhelm courts
REFORM: S18- clause 1 serious injury caused intentionally. S20 - recklessly caused serious injury